Lightman & Moss: The Law of Administrators and Receivers of Companies

Includes a wealth of detail on new cases including: Lehman Brothers International (Europe) noted on whether purporting to create a ‘‘general lien’’ over intangible assets created a floating charge A charge on future –acquired property could be affixed charge: Re Rayford Homes Ltd Effects of Leisure (Norwich) II Ltd v Luminar Lava Ignite Ltd and Re Bickland Ltd considered on administration expenses Note potential liability for acting “as administrator”: Wright Hassall LLP v Morris Effect of administration on TUPE Regulations considered: Key2Law (Surrey) LLP v De’Antiquis Insolvency Service drops plans for legislative reform of pre-packs Delivery up of property to office-holder considered: Uniserve Ltd v CroxenDisclosure in cross-border insolvency (Re Chesterfield United Inc, JSC BTA Bank v Solodchenko, Sunwing Vacation Inc v E-Clear (UK) Plc) Insolvency Service drops plans for legislative reform of pre-packsEffect of interim moratorium considered: Re Ramora UK Ltd Proof of dishonesty is not an essential prerequisite for a finding of bad faith (Horn v Commercial Acceptances Ltd) Bevin v Datum Finance Ltd (mortgagee’s duty of care in a depressed market: must act in good faith) Effect of administration on TUPE Regulations considered: OTG Ltd v Barke and Key2Law (Surrey) LLP v De’Antiquis Leisure (Norwich) II Ltd v Luminar Lava Ignite: liability of administrator for rent Effect of statutory provisions relating to authorised guarantee agreements: K/S Victoria Street v House of Fraser (Stores Management) LtdAmendment of receivership order to appoint the receivers as managers of related companies (JSC BTA Bank v Ablyazov) Re Kaupthing Singer & Friedlander: ruling on the appropriate jurisdiction in which to resolve the validity of a claim in a cross-border insolvency Rastelli Davide v. Hidoux: ruling by the ECJ on the conditions under which a national court may apply its rules to enable joinder of insolvency proceedings involving companies whose affairs are closely interconnectedLarsen v. Navios International Ltd: on the treatment of rights of set-off invoked by parties in cross-border insolvency proceedings to which the CBIR are applicablePlus many more.