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Wildy’s Book News

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Vol 24 No 9 Sept/Oct 2019

Book of the Month

Cover of The Anti-Suit Injunction

The Anti-Suit Injunction

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Insolvency Litigation 2nd ed

ISBN13: 9780414047907
Previous Edition ISBN: 0421627301
Publisher: Sweet & Maxwell Ltd
Country of Publication: UK
Format: Hardback
Price: Publication Abandoned

This new 2nd edition reflects changes in the Companies Act 2006 and Banking Act 2009, the latest amendments to the Insolvency Rules and a wealth of recent case law, including Re Madoff, Re Lehman Brothers, Masri v Consolidated Contractors International, Nationwide Building Society v Wright and Re Stanford International Bank.

  • Goes systematically through the formalities and court practice
  • Looks at the entitlements of office holders to remuneration, costs and expenses, as well as consideration of costs orders in insolvency proceedings
  • Deals with misfeasance proceedings, including who may bring them and who may be liable
  • Covers fraudulent and wrongful trading
  • Considers three types of transactions which may be challenged on an application to court by a liquidator or administrator: transactions-atundervalue, preferences and transactions defrauding creditors
  • Examines set-off in the contexts of summary judgment, receivership, administration, bankruptcy and insolvency, and voluntary arrangements
  • Reviews the assertion of liens in formal insolvency proceedings
  • Assesses the legal basis upon which an applicant, including a shareholder, might seek a winding-up petition
  • Explains the court's powers to order officers of a company, and other persons, to provide information about its business, assets and affairs
  • Summarises the basic principles relevant to international or cross-border insolvency
  • Provides analysis of the relevant case law and statutes

Insolvency Law
Nature and Status of Office Holders under Insolvency Act 1986
Formalities and Court Practice in Insolvency Litigation
Office Holders’ remuneration, Costs and Expenses
Costs Orders Affecting Office Holders in Insolvency Litigation
Funding the Action Misfeance Proceedings and Duties Owed to the Company
Fraudulent Trading
Wrongful Trading
Avoidance of floating
Charges under S245 Insolvency Act 1986
Defrauding creditors and the Protections of Assets from creditors
Assertion of Liens in Formal Insolvency Proceedings
Third Parties Act 1930 and Insolvency
Validating Orders under S127 Insolvency Act 1986
Obtaining Information and Enforcement under Sections 236 and 366
Cross-border Considerations