S216(3) of the Insolvency Act 1986 restricts former directors of insolvent companies from being involved with companies or businesses using a prohibited name for five years following an insolvent liquidation. S216(3) provides that, unless leave is granted by the court or one of the statutory exceptions applies, a person who was a director of a … Continue Reading
The High Court has dismissed the liquidators’ appeal in Webb & another (as joint liquidators of Eversholt Rail (365) Ltd (in liquidation) v another company [2026] EWHC 101 (Ch), reaffirming that requests for information under section 235 and 236 of the Insolvency Act 1986 must be reasonable. Sections 235 and 236 enable officeholders to uncover … Continue Reading
In Re Petrofac Ltd [2025] EWHC 2887 (Ch), the English High Court made an administration order in relation to a Jersey-incorporated company even though its registered office was not in England which is the starting point for determining COMI and therefore the Court’s jurisdiction to make such an order. Background Petrofac Limited (the Company) is the … Continue Reading
In an address last week to the Insolvency Lawyers Association, Sir Geoffrey Vos, the new Chancellor of the High Court, looked at the future for Insolvency and Business Litigation in London, especially after Brexit. Whilst acknowledging that Brexit presents a challenge, he said it is one which should not defeat the English Courts. The main issue … Continue Reading
In the recent case of BTI 2014 LLC v Sequana SA & others [2016] EWHC 1686, the High Court has held for the first time that a dividend can be challenged as a transaction entered into at an undervalue within the meaning of section 423(1) of the Insolvency Act 1986 (the “IA”). The Facts The facts … Continue Reading
