R&I spotlight on employment, pensions, and immigration

R&I spotlights on other practice areas

Our R&I spotlights on other practice areas are designed to provide insight into areas of legislation that may not fall within the everyday work of restructuring and insolvency lawyers or insolvency practitioners.

Each guide contains expert guidance on issues such as:

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the main laws and regulations governing the area
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the relevance to R&I lawyers and insolvency practitioners
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examples of the types of situation where issues may arise
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considerations and risks for R&I lawyers and insolvency practitioners
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steps R&I lawyers and insolvency practitioners can take to protect themselves

What this topic covers

This topic includes:

Employment

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R&I spotlight on gangmasters law—this Practice Note, produced in partnership with Patrick Cook & Huw Cooke of Burges Salmon LLP, offers guidance for insolvency professionals on the regime that protects workers in certain markets from exploitation
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How a company's insolvency affects its employees—this Practice Note sets out the position of an employee when the company where they are employed enters a formal insolvency process, such as compulsory winding-up (compulsory liquidation), voluntary winding-up (voluntary liquidation), administration, administrative

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Directors’ liability for company’s debts under section 217 of the Insolvency Act 1986 and rule 22.17 of the Insolvency Rules 2016 (Maxima v Fealy and Barrett)

Restructuring & Insolvency analysis: The High Court has dismissed a claim brought by an assignee of creditors' debts against individuals who were directors of a company in liquidation and a second company which was operating under a prohibited name pursuant to section 216 of the Insolvency Act 1986 (IA 1986). The defendants successfully argued that the second company fell within ‘The Third Excepted Case’ under the Insolvency Rules 2016 (IR 2016), SI 2016/1024, r 22.7, and that the second company had been known by its name for the entire 12 months prior to the first company's liquidation and had not at any time in those 12 months been dormant. The case is thought to be the only reported case on the true meaning and effect of the second of the two elements of The Third Excepted Case and demonstrates that the principles of corporate accounting law on non-dormancy cannot be translated from an accounting to an insolvency scenario. The concept of phoenix syndrome and the principle against doubtful penalisation were also considered. Written by Laura Newbery, legal director at Addleshaw Goddard LLP.

Top UK court rejects Bedzhamov Russian bankruptcy order

Law360, London: The UK Supreme Court refused on 20 November 2024 to recognise a Russian bankruptcy order against two properties owned by banker Georgy Ivanovich Bedzhamov in Britain, confirming a legal principle that foreign courts do not have jurisdiction over English land.

Restructuring & Insolvency weekly highlights—21 November 2024

This week's edition of Restructuring & Insolvency weekly highlights includes: confirmation by the Supreme Court of the immovables rule to English property (Kireeva v Bedzhamov), the publication by the Insolvency Service of its monthly insolvency statistics for October 2024, an analysis on the interface between property law and financial remedy in the context of bankruptcy (DDR v BDR), plus a round-up of other news and cases for restructuring and insolvency professionals.

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