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New reforms are great, but who protects unsecured creditors?

Unsecured creditors

In a controversial speech to the  Insolvency Practitioner’s Association  earlier this year, Court of Appeal judge Lord Justice Jackson (best-known for his 2010 report into civil litigation costs) made several recommendations, which Justice Secretary Michael Gove has already begun to implement. As a result, from 1 April 2016, unsuccessful defendants will no longer be held…

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Did Sir Philip Green asset-strip BHS and cause its collapse?

Sir Philip Green BHS

Giving evidence to a government inquiry recently, Sir Philip Green claimed to have worked diligently to avoid one of his best-known retail brands going into liquidation. Nevertheless, the Insolvency Service must establish if Sir Philip had asset-stripped BHS and caused its collapse. Last month, fashion tycoon Sir Philip appeared before the  Business, Innovation and Skills…

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Insolvency & Law Shortlisted for “Insolvency and Restructuring Firm of the Year 2016″ award

Insolvency and Restructuring Firm of the Year

London-based magazine Finance Monthly, which is distributed to more than 100,000 readers across the globe, recently shortlisted Insolvency & Law (I&L) in the category of British ‘Insolvency and Restructuring firm of the year, as part of the  eighth annual Finance Monthly Global Awards. To celebrate the nomination, below, I&L director Peter Murray shares his thoughts…

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Why winding up petitions are more efficient than county courts

Why winding up petitions are more efficient than county courts

We recently spoke with a client who for the previous three months had been chasing a customer with an outstanding invoice of just over £50,000. The client was considering litigation in the county court to retrieve the money and I suggested that a quicker and more cost-effective route might be to issue a winding-up petition.…

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How to ensure your winding up petition is not dismissed or withdrawn

Ensure your winding up petition is not dismissed

Some time ago, we presented a winding up petition to a company that owed one of our clients £50k. Upon receipt, the respondent company threatened to apply for a court injunction to restrain us from proceeding and dismiss the petition on the grounds the debt was disputed. The respondent company falsely alleged that £49k of…

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How should builders and tradesmen collect overdue debts?

How should builders and tradesmen collect overdue debts?

According to figures released by the Office of National Statistics, the building and construction industry contracted 1.9% in the third quarter of 2015, which suggests contractors will be tightening their belts this year as the market becomes more competitive. This is particularly bad news for roofers, plumbers and other subcontractors (‘subbies’). Why? Because in a…

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