Personal insolvency for dispute resolution practitioners

Copyright © 2025 LexisNexis

We have published the following Practice Notes for dispute resolution practitioners:

  1. •

    Personal insolvency for dispute resolution practitioners: bankruptcy—this Practice Note summarises bankruptcy from a litigator's perspective. It includes what bankruptcy is, the effect of bankruptcy and how long it lasts, how to make someone bankrupt, how to deal

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Existing user? Sign-in TAKE A FREE TRIAL
Powered by Lexis+®
Latest Restructuring & Insolvency News

Insolvency Service announces seven-year directorship ban for husband and wife for fraudulent trading

The Insolvency Service has announced the seven-year directorship disqualifications for George and Williamina Hay, directors of DWH Trading Ltd. The husband-and-wife directors continued accepting customer orders totalling £69,750 between April and October 2023, despite their company's evident insolvency and outstanding unfulfilled orders worth £27,250. The company entered liquidation owing £143,340 to creditors, with at least £97,000 owed to predominantly elderly and vulnerable customers for unordered stock. Both directors have been disqualified and are prohibited from the promotion, formation or management of the company until March 2032 without court permission.

Does time stop running for limitation purposes when a company enters administration? (Contract Natural Gas v ZOG Energy)

Restructuring & Insolvency analysis: This judgment concerned two consolidated proof of debt adjudication appeals. In determining those appeals, the court considered, among other things, the effect of a post-Enterprise Act 2002 (EA 2002) administration on limitation. After reviewing existing authority and statute, the court confirmed that, among other things, time does not stop running for limitation purposes when a company enters a post-EA 2002 administration.

Court of Justice’s first ruling on the conformity of asymmetric jurisdiction clauses with the Brussels I (recast) Regulation and the 2007 Lugano Convention

EU Law analysis: In its decision on 27 February 2025 in the Lastre case, the Court of Justice handed down its long-awaited first judgment on the conformity of asymmetric jurisdiction clauses with the Brussels I (recast) Regulation and the 2007 Lugano Convention. Guillaume Croisant, Claudia Cavicchioli and Nicole Rölike, counsels, and Alexia Kaztaridou and Julie Esquenazi, associate, of Linklaters LLP, discuss the ruling. The details of the decision and any possible impact, in particular the requirement for the clause to be interpreted as designating courts of EU or Lugano States, will need to be analysed more closely.

Insolvency Service reports prison sentence for construction boss for fraudulent removal of company funds

The Insolvency Services reports on a Nottinghamshire construction boss who has been sentenced to two years and four months' imprisonment, for fraudulently removing £702,050 from four failing construction companies between 2014 and 2017. Wesley Grainger-Smith (whilst not an official director) exercised significant control over the companies and transferred the funds to his personal casino account, in violation of section 206 of the Insolvency Act 1986. Although approximately £570,000 was reportedly repaid through gambling winnings, the unauthorised use of company funds led to his bankruptcy in March 2017, a five-year directorship disqualification in July 2017, and a further ten-year ban in June 2019.

View Restructuring & Insolvency by content type :  
News
Practice notes
Precedents
Q&As

Popular documents

What is the difference between an appeal and a review?

What is the difference between an appeal and a review?What is an appeal?An appeal in insolvency proceedings is no different to an appeal in normal litigation. An appeal will be allowed only if the appeal court is satisfied that the decision of the lower court was 'wrong' or 'unjust because of a

Financial clean break orders in family proceedings

Financial clean break orders in family proceedingsDuty of the court to consider a clean breakAlthough there is no presumption in favour of there being a financial clean break between parties on divorce, the court is under a duty to consider whether it would be appropriate to exercise its powers so

Late payment penalties—inheritance tax

Late payment penalties—inheritance taxWhile interest often accrues on overdue tax, the late payment of certain taxes may also attract a penalty. For information on the interest accruing on overdue tax, see Practice Notes: IHT—payment deadlines on death—Interest on IHT and Interest on late paid

Where are misrepresentations made? Jurisdictional traps for the unwary (Bellmare Holdings Ltd v Wells)

Dispute Resolution analysis: The High Court has provided concise guidance as to how misrepresentation should be analysed when considering jurisdictional gateways. Under Article 5(3) of the Lugano Convention, in negligent misstatement cases, the place of the event giving rise to damage is normally
What is the difference between an appeal and a review?

What is the difference between an appeal and a review?

What is the difference between an appeal and a review?What is an appeal?An appeal in insolvency proceedings is no different to an appeal in normal litigation. An appeal will be allowed only if the appeal court is satisfied that the decision of the lower court was 'wrong' or 'unjust because of a

Financial clean break orders in family proceedings

Financial clean break orders in family proceedings

Financial clean break orders in family proceedingsDuty of the court to consider a clean breakAlthough there is no presumption in favour of there being a financial clean break between parties on divorce, the court is under a duty to consider whether it would be appropriate to exercise its powers so

Late payment penalties—inheritance tax

Late payment penalties—inheritance tax

Late payment penalties—inheritance taxWhile interest often accrues on overdue tax, the late payment of certain taxes may also attract a penalty. For information on the interest accruing on overdue tax, see Practice Notes: IHT—payment deadlines on death—Interest on IHT and Interest on late paid

Where are misrepresentations made? Jurisdictional traps for the unwary (Bellmare Holdings Ltd v Wells)

Where are misrepresentations made? Jurisdictional traps for the unwary (Bellmare Holdings Ltd v Wells)

Dispute Resolution analysis: The High Court has provided concise guidance as to how misrepresentation should be analysed when considering jurisdictional gateways. Under Article 5(3) of the Lugano Convention, in negligent misstatement cases, the place of the event giving rise to damage is normally