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Q&As

Comprehend the law and how it impacts your clients. Q&As shine a light on common issues
Can an agreement be terminated for frustration due to coronavirus (COVID-19)?

Can an agreement be terminated for frustration due to coronavirus (COVID-19)?

Can an agreement be terminated for frustration due to coronavirus (COVID-19)?What is the doctrine of frustration?If the contract does not include a...

I have received a force majeure notice from my supplier, what do I do?

I have received a force majeure notice from my supplier, what do I do?

I have received a force majeure notice from my supplier, what do I do?The first thing to do is to unearth the relevant contract. The notice will have...

If a customer of a supplier goes into an insolvency process, is it possible to recover debts owed directly from the customer’s end users? If not, what options are open to recover money owed?

If a customer of a supplier goes into an insolvency process, is it possible to recover debts owed directly from the customer’s end users? If not, what options are open to recover money owed?

If a customer of a supplier goes into an insolvency process, is it possible to recover debts owed directly from the customer’s end users? If not, what...

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Q&As

Can an agreement be terminated for frustration due to coronavirus (COVID-19)?

Can an agreement be terminated for frustration due to coronavirus (COVID-19)?What is the doctrine of frustration?If the contract does not include a...
16th Jun
tag iconCOVID-19
Q&As

I have received a force majeure notice from my supplier, what do I do?

I have received a force majeure notice from my supplier, what do I do?The first thing to do is to unearth the relevant contract. The notice will have...
Produced in partnership with XXIV Old Buildings 13th Jun
tag iconCOVID-19
Q&As

If a customer of a supplier goes into an insolvency process, is it possible to recover debts owed directly from the customer’s end users? If not, what options are open to recover money owed?

If a customer of a supplier goes into an insolvency process, is it possible to recover debts owed directly from the customer’s end users? If not, what...
13th Jun
Q&As

What is the procedure for a witness adopting the contents of an initial witness statement if they are unable to attend trial to give oral evidence?

What is the procedure for a witness adopting the contents of an initial witness statement if they are unable to attend trial to give oral...
10th Jun
tag iconCOVID-19
Q&As

What are the consequences of someone transferring shares at nominal value when the shares are worth more than nominal value? Is stamp duty still payable on the actual value attributable to the shares?

What are the consequences of someone transferring shares at nominal value when the shares are worth more than nominal value? Is stamp duty still...
10th Jun
Q&As

Where a bankrupt disposes of property comprised in the bankruptcy estate, does the trustee in bankruptcy have a claim over the proceeds of sale?

Where a bankrupt disposes of property comprised in the bankruptcy estate, does the trustee in bankruptcy have a claim over the proceeds of sale?For...
10th Jun
Q&As

Where a bankruptcy petition is to be served out of the jurisdiction, does it need to be accompanied by the order giving permission to serve out of the jurisdiction and the application that led to that order?

Where a bankruptcy petition is to be served out of the jurisdiction, does it need to be accompanied by the order giving permission to serve out of the...
10th Jun
Q&As

In light of section 121 of the Small Business, Enterprise and Employment Act 2015, in respect of any proceedings issued prior to the date of commencement of that section where sanction was obtained, does a trustee or liquidator still have to apply to increase that sanction?

In light of section 121 of the Small Business, Enterprise and Employment Act 2015, in respect of any proceedings issued prior to the date of...
Produced in partnership with Simon Passfield of Guildhall Chambers 10th Jun
Q&As

Can a bankrupt proceed to exchange contracts to sell his property in anticipation that his bankruptcy will be annulled under section 282(1)(b) of the Insolvency Act 1986?

Can a bankrupt proceed to exchange contracts to sell his property in anticipation that his bankruptcy will be annulled under section 282(1)(b) of the...
10th Jun
Q&As

Is there a time limit in which a bankruptcy petition must be presented to court following the service of a statutory demand? Or will the statutory demand expire and a new one need to be served?

Is there a time limit in which a bankruptcy petition must be presented to court following the service of a statutory demand? Or will the statutory...
10th Jun
Q&As

Is it possible for an individual who is an undischarged bankrupt to incur further debts? Can these further debts include non-domestic business rates payable by the bankrupt?

Is it possible for an individual who is an undischarged bankrupt to incur further debts? Can these further debts include non-domestic business rates...
10th Jun
Q&As

For the purposes of requisitioning a creditors' meeting under section 172(3) of the Insolvency Act 1986, does the claim of a 'creditor' (who has not yet submitted his proof of debt) count towards the one quarter in value of creditors required for the meeting to be summoned? If so, does he count for the full value of his purported claim?

For the purposes of requisitioning a creditors' meeting under section 172(3) of the Insolvency Act 1986, does the claim of a 'creditor' (who has not...
10th Jun
Q&As

Is it legally possible for a trustee in bankruptcy to assign property back to a bankrupt before the bankruptcy is discharged?

Is it legally possible for a trustee in bankruptcy to assign property back to a bankrupt before the bankruptcy is discharged?Is it possible for a...
10th Jun
Q&As

When should administrators apply to court for an administration extension?

When should administrators apply to court for an administration extension? Why is it relevant?The period of an administration will automatically...
10th Jun
Q&As

Can a creditor prove for its debt and make a claim in the insolvency process after the bar date?

Can a creditor prove for its debt and make a claim in the insolvency process after the bar date?Proving a debt is the term given in insolvency...
Produced in partnership with Caroline Clark 10th Jun
Q&As

Does a scheme of arrangement result in a stay or moratorium on commencing or continuing proceedings against a company?

Does a scheme of arrangement result in a stay or moratorium on commencing or continuing proceedings against a company?A scheme of arrangement does not...
10th Jun
Q&As

Does a company voluntary arrangement result in a moratorium which prevents the company’s creditors from bringing any proceedings against it?

Does a company voluntary arrangement result in a moratorium which prevents the company’s creditors from bringing any proceedings against it?The effect...
10th Jun
Q&As

When will a company be influenced by a desire to prefer under section 239(5) of the Insolvency Act 1986?

When will a company be influenced by a desire to prefer under section 239(5) of the Insolvency Act 1986?The company must have been influenced in...
10th Jun
Q&As

When can a supporting creditor take carriage of a bankruptcy petition?

When can a supporting creditor take carriage of a bankruptcy petition?A supporting creditor (who has given notice of their intention to appear at the...
10th Jun
Q&As

What are the grounds for setting aside a statutory demand against an individual?

What are the grounds for setting aside a statutory demand against an individual?The court may grant an application to set aside a statutory demand...
10th Jun

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