Winter Insolvency Update

Wednesday 16 December 2020


Jessica Powers
James Saunders




Jessica Powers and James Saunders will be discussing key cases from the past 6 months and their impact upon insolvency practice. Examples of the cases to be covered and the points of law and practice they raise are:

Corporate Insolvency
How to approach just and equitable winding-up petitions.
Chu v Lau [2020] UKPC 24

What is the effect of failing to give notice upon the appointment of an administrator? How best should the court cure any defects in procedural compliance?
Tokenhouse VB Ltd (formerly Vat Bridge 7 Ltd) [2020] EWHC 3171 (Ch)

Must administrator appointments by floating charge holders satisfy the statutory gateways?
Strategic Advantage SPC v High Street Rooftop Holdings [2020] EWHC 2572 (Ch)
What considerations are applicable to restoration applications and who has standing to appear?
Fakhry v Underwood [2020] EWCA Civ 1207

Personal Insolvency
What must a bankrupt demonstrate to obtain an adjournment for time to pay?
Wojakovski, Re [2020] EWHC 2737 (Ch)

Is a creditor required to disclose third-party security in formulating a bankruptcy petition?
State Bank of India v Mallya [2020] EWHC 1981 (Ch)


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