Lightman & Moss: The Law of Administrators and Receivers of Companies is known as the authority on the law relating to administrators and receivers. It is considered a must have for any practitioner dealing with corporate insolvency matters. This new edition offers clear guidance on the procedures involved in the duties, liabilities and appointments of receivers and administrators. As well as discussing the issues surrounding trading, disposals, reorganisation, liquidation and receivership. To ensure you have all the information you need in one reliable source, this edition offers a complete guide to every aspect on this complex area of law. There have been significant changes since the last edition, including the introduction of the Legislative Reform (Insolvency) Order (Miscellaneous Provisions) Order 2010 which amends the Insolvency Act 1986 and the Insolvency (Amendment) Rules 2010. Both of these acts and developments have been covered in this edition. It also takes full account of the major developments in cross-border matters, both at common law and also under European Insolvency Regulations and UNCITRAL Model Law. Key cases such as the decision of the House of Lords in the HIH case; Privy Council in the Cambridge Gas case, and those of the Court of Appeal in the Stanford and Rubin case are highlighted. Specifically to discuss the possible implications and developments from these decisions. The 1st Supplement includes a wealth of detail on new cases such as: Lehman Brothers International (Europe) noted on whether purporting to create a ``general lien'' over intangible assets created a floating charge A charge on future -acquired property could be affixed charge: Re Rayford Homes Ltd Effects of Leisure (Norwich) II Ltd v Luminar Lava Ignite Ltd and Re Bickland Ltd considered on administration expenses Note potential liability for acting "as administrator": Wright Hassall LLP v Morris Effect of administration on TUPE Regulations considered: Key2Law (Surrey) LLP v De'Antiquis Insolvency Service drops plans for legislative reform of pre-packs Delivery up of property to office-holder considered: Uniserve Ltd v Croxen Disclosure in cross-border insolvency (Re Chesterfield United Inc, JSC BTA Bank v Solodchenko, Sunwing Vacation Inc v E-Clear (UK) Plc) Insolvency Service drops plans for legislative reform of pre-packs Effect of interim moratorium considered: Re Ramora UK Ltd Proof of dishonesty is not an essential prerequisite for a finding of bad faith (Horn v Commercial Acceptances Ltd) Bevin v Datum Finance Ltd (mortgagee's duty of care in a depressed market: must act in good faith) Effect of administration on TUPE Regulations considered: OTG Ltd v Barke and Key2Law (Surrey) LLP v De'Antiquis Leisure (Norwich) II Ltd v Luminar Lava Ignite: liability of administrator for rent Effect of statutory provisions relating to authorised guarantee agreements: K/S Victoria Street v House of Fraser (Stores Management) Ltd Amendment of receivership order to appoint the receivers as managers of related companies (JSC BTA Bank v Ablyazov) Re Kaupthing Singer & Friedlander: ruling on the appropriate jurisdiction in which to resolve the validity of a claim in a cross-border insolvency Rastelli Davide v. Hidoux: ruling by the ECJ on the conditions under which a national court may apply its rules to enable joinder of insolvency proceedings involving companies whose affairs are closely interconnected Larsen v. Navios International Ltd: on the treatment of rights of set-off invoked by parties in cross-border insolvency proceedings to which the CBIR are applicable
Publisher: Sweet & Maxwell Ltd
Edition: 5th edition
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