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Vol 21 No 11 Nov/Dec 2016

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The Law Relating to Receivers, Managers and Administrators 5th ed

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ISBN13: 9781784519087
Previous Edition ISBN: 9781845922108
To be Published: September 2018
Publisher: Bloomsbury Professional
Country of Publication: UK
Format: Hardback
Price: £270.00



The Law Relating to Receivers, Managers and Administrators is a must-have title for every insolvency lawyer and practitioner.

Hailed as the most thorough work available in the area, it is an intensely practical work and is still cited in court. It has a strong international dimension, particularly with reference to judicial decisions in Australia and Asia, which often offer insight into the difficult issues in insolvency and have an influence on the outcome of UK decisions.

The fifth edition is fully updated in line with the Insolvency Rules 2016 which aim to both consolidate and modernise the secondary legislation relating to insolvency in Great Britain.

They:

  • reorder and restructure the rules contained in the Insolvency Rules 1986 (SI 1986/1925)
  • consolidate 23 pieces of amending legislation

    provide a number of substantive amendments to existing insolvency law and practice

      The new edition also address the increasing globalisation of insolvency enforcement, includes coverage of potential legislation following the Review of the Corporate Insolvency Framework (ISD May 2016), and provides comment on the anticipated growth in insolvency work post Brexit.

      In addition to the above, case law and legislation has been completely updated to include coverage of:


      • Rubin v Eurofinance Sa and New Cap Re-insurance corporation v A E Grant [2013] AC 236 SC disavowing PC in Cambridge Gas Transportation Corporation v Official Committee of Unsecured Crediors of Navigator Holdings plc ;2007] 1 AC 505
      • Jetivia SA v Bilta UK ltd [[ 2015] UKSC 23 reversing Jetivia SA v Bilta (UK) Ltd[2013] EWCA Civ 968, [2014] 1 All ER 168
      • Lutz v Bauerle [2015] BCC 43 Council Regulation (EC) 1346/2000, art 13- Singularis Holdings Ltd v PriceWaterhouseCoopers [2014] UKPC 35, PC
      • Joint Administrators of LB Holdings Intermediate 2 Ltd v Lomas [2015] BCC 431
      • Re Lehman Bros International (Europe) Lomas v Burlington Loan Management Ltd [2015] EWHC 2269 Ch
      • BNY Corporate Trustee Services Ltd v Eurosail[2013] UKSC 28, [2013] 3 All ER 271)
      • Re Nortel and Re Lehman [2013] UKSC 52, [2013] 4 All ER 887
      • Neumans LLP v Andronikou [2013] EWCA Civ 916, [2013] All ER (D) 284 (Jul)
      • Re Ovenden Colbert Printers Ltd (Hunt v Hosking)[2013]
      • Trustees of the Olympic Airlines SA Pension & Life Insurance Scheme v Olympic Airlines SA [2015]
      • Re Tambroo Jersey Ltd, HSBC Bank Plc v Tambrook Jersey Ltd (2013)
      • Companies Act 2006 ss 858, 859 A, 859 B-O
      • Tribunals Courts and Enforcement Act 2007
      • Enterprise and Regulatory Reform Act 2013
      • Small Business Enterprise and Employment Act 2015
      • Deregulation Act 2015
      • Insolvency (Amendment Act Northern Ireland 2016 amending Insolvency (Northern Ireland ) Order 1989

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Subjects:
Insolvency Law
Contents:
Chapter 1: Introduction

Part I - Out of Court Receivers
Chapter 2: Fixed and Floating Charges
Chapter 3: Grounds for Appointment
Chapter 4: Choice of Receiver
Chapter 5: Over What Property?
Chapter 6: Mode of Appointment
Chapter 7: Validity of Appointment
Chapter 8: Position of Extra-Judicial Receiver
Chapter 9: Powers
Chapter 10: Duties and Liabilities
Chapter 11: Trading and Commercial Contracts
Chapter 12: Rights of Employees Under Contracts of Employment
Chapter 13: Creditors
Chapter 14: Meetings and Committees of Creditors in an Administrative Receivership
Chapter 15: Effect of Winding Up
Chapter 16: Distribution
Chapter 17: Remuneration and Indemnity
Chapter 18: Termination
Chapter 19: Mortgages and Statutory Charges

Part II - Court Receivers and Managers
Chapter 20: Jurisdiction
Chapter 21: Grounds for Appointment
Chapter 22: Selection and Eligibility of Receiver
Chapter 23: Managers
Chapter 24: Over What Property?
Chapter 25: Mode of Appointment
Chapter 26: Refusal of Remedy
Chapter 27: Effect of Appointment
Chapter 28: Rights, Powers and Duties
Chapter 29: Liabilities
Chapter 30: Interference with Court Receiver
Chapter 31: Sureties
Chapter 32: Remuneration and Indemnity
Chapter 33: Accounts
Chapter 34: Discharge

Part III - Administrators
Chapter 35: Application for Administrator
Chapter 36: Appointment and Statuts, Duties and Powers
Chapter 37: Conduct of Court Administration
Chapter 38: Meetings of Creditors and Members - Old Regime
Chapter 39: Appointment of Administrators Under the New Regime
Chapter 40: Extra-judicial Administration
Chapter 41: Functions, Powers and Duties
Chapter 42: Meetings of Creditors and Members
Chapter 43: Conversion from Administration into Other Forms of Proceeding
Chapter 44: Company Voluntary ArrangementsPart IV - International Aspects
Chapter 45: Conflict of Law and International Insolvency Law