Section 213 claims, re-visited

I wanted to draw your attention to a very helpful re-statement (as it turns out) of the law on fraudulent trading (section 213 of the Insolvency Act, 1986) by the High Court in England, handed down on 31st March. The case revolved around the voluminous and very long-running litigation following the liquidation of Bilta (UK) […]

Climbing a mountain to dig a well!

You may have noticed that I didn’t include a link to my usual charity partner in my “Merry Christmas” post. That was because, this year, I had chosen a separate charity, Dig Deep. The reason for doing so was personal – my daughter is climbing Kilimanjaro in August this year to raise funds for this […]

Another Merry Christmas from Kepstorn

Dare I suggest that, this year, I can be reasonably confident that next year will be better than its predecessor? I know that we are facing yet another variant of Covid, which is causing great angst, but it does seem that, as suggested over a year ago, mutations become more transmissible but less deadly, due […]

Assignation of Debt

Whilst taking a well-earned (in my humble opinion) break, abroad (yes, travel necessitating a passport!), I had the opportunity to read the decisions in five conjoined cases handed down by the Court of Appeal in England on 18th November. Four involved Promontoria entities (the name that Cerberus uses for its distressed debt acquisitions) and one […]

The interplay of insolvency and POCA claims

I wanted to draw to your attention a very interesting (and, some would say, surprising) decision from the Supreme Court on Wednesday (3rd November). In the case of Crown Prosecution Service -v- Aquila Advisory Ltd, the Supreme Court decided that a company’s claim against its former directors for breach of their fiduciary duty took precedence […]