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Vol 21 No 11 Nov/Dec 2016

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This book is now Out of Print.
A new edition has been published, the details can be seen here:
Insolvency Legislation: Annotations and Commentary 5th ed isbn 9781784731960

Insolvency Legislation: Annotations and Commentary 4th ed


ISBN13: 9781846615009
New Edition ISBN: 9781784731960
Previous Edition ISBN: 9781846611568
Published: March 2014
Publisher: Jordan Publishing Ltd
Country of Publication: UK
Format: Paperback
Price: Out of print



Insolvency Legislation: Annotations and Commentary provides practical guidance on the key primary and secondary insolvency legislation. In addition to the complete texts of the key statutory provisions, each is annotated with detailed analysis and commentary, providing readers with everything they need within a single portable volume.

Combining the experience and knowledge of an established practitioner and two leading academics, the book provides a practical discussion of relevant insolvency provisions and case-law. It has been written specifically for assisting with the identification of the key legal principles facilitating practical problem-solving. The detailed commentary includes general observations and analysis concerning terminology, specific wording, practical issues and procedure.

This new edition has been thoroughly updated with:-

  • Amendments to the Insolvency Rules
  • New case-law in international insolvency
  • Full coverage of the emerging case-law on the European Insolvency Regulation including the recent jurisprudence from the European Court on 'centre of main interests' or COMI
  • Detailed assessment of the Cross Border Insolvency Regulations and the interaction with common law principles of cooperation and comity in international insolvency cases
  • Discussion of cases dealing with:
    • the anti-deprivation principle
    • balance sheet insolvency (BNY Corporate Trustee Services Ltd v Eurosail)
    • the question of costs in relation to winding-up petitions
    • set-off and cross-claims in resisting winding-up petitions
    • 'the prescribed part' under s.176A
    • office-holders' inquiry into dealings of companies (under s.236)
    • fraudulent trading
    • wrongful trading, transactions at an undervalue, preferences
    • transaction defrauding creditors

Subjects:
Insolvency Law
Contents:
Introduction to the Insolvency Legislation
Insolvency Act 1986
Insolvency Rules 1986
Insolvency Act 2000
EC Regulation on Insolvency Proceedings 2000
Cross-Border Insolvency Regulations 2006 UNCITRAL Model Law
Enterprise Act 2002
Appendices
Statements of Insolvency Practice
Practice Direction: Insolvency Proceedings [2000] BCC 92
Practice Statement: The Fixing and Approval of the remuneration of appointees (2004)