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Sealy & Milman: Annotated Guide to the Insolvency Legislation 2022: Volume 2


ISBN13: 9780414102385
Previous Edition ISBN: 9780414088504
Published: May 2022
Publisher: Sweet & Maxwell Ltd
Country of Publication: UK
Format: Paperback
Price: £308.00



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Sealy and Milman: Annotated Guide to the Insolvency Legislation is viewed as the definitive guide to insolvency law. Now in its 25th edition, this annual guide offers practitioners annotated commentary and clarification on the legal and practical implications of the latest insolvency legislation, whether in Acts of Parliament, Statutory Instruments, or relevant Practice Directions, and on the relevant case law.

  • Provides clear, annotated commentary and clarification on the legal and practical implications of current insolvency legislation
  • Incorporates sources of both corporate and personal insolvency law Reproduces additional statutes and regulations so that all the information needed is in one reliable source
  • Volume 1 contains in-depth explanations on the main core legislation, including the Insolvency Act 1986 and the Insolvency (England and Wales) Rules 2016 as amended
  • Volume 2 features the Company Directors Disqualification Act 1986, key parts of the Companies Act 2006 (including the new Part 26A) and the post Brexit version of the EU Regulation on Insolvency Proceedings 2015/848 and the Cross-Border Insolvency Regulations 2006. In sum this volume includes the text, in whole or part, of 28 Acts, over 58 Statutory Instruments and a number of practice directions

In addition to all key changes since the last edition, the 25th edition now includes:

  • New Procedural Rules on Moratorium by the Insolvency (England and Wales) (No.2) (Amendment) Rules 2021 (SI 2021/1028)
  • Replacement of temporary restrictions on winding up Petitions by The Rating (Coronavirus) and Directors Disqualification (Dissolved Companies) Act 2021
  • The Rating (Coronavirus) and Directors Disqualification (Dissolved Companies) Act 2021 introduces the disqualification of directors of companies that are dissolved without becoming insolvent.
  • Increases to the financial criteria limiting access to debt relief orders are made by the Insolvency
  • Proceedings (Monetary Limits) (Amendment) Order 2021 (SI 2021/673) and the Insolvency (England and Wales) (Amendment) Rules 2021 (SI 2021/672).
  • Temporary Insolvency Practice Direction (No.5) Supporting the Insolvency Practice Direction providing guidance on electronic filings of notices of appointment of administrators
  • All relevant new Practice Directions are reproduced

Key Cases Considered:

  • Re Corbin & King Holdings Ltd; Minor Hotel Group MEA DMCC v Dymant [2022] EWHC 340 (Ch).
  • Re Patisserie Holdings Plc; Costley-Wood v Rowley [2021] EWHC 3205 (Ch)
  • Re Tre Ciccio Altrincham Ltd (in admin.) [2021] EWHC 3525 (Ch)
  • R. (on the application of Palmer) v Northern Derbyshire Magistrates’ Court [2021] EWHC 3013 (Admin)
  • Lazari Properties 2 Ltd v New Look Retailers Ltd [2021] EWHC 1209 (Ch)
  • Kireeva v Bedzhamov [2022] EWCA Civ 25
  • Axnoller Events Ltd v Brake [2021] EWHC 1500 (Ch) and [2021] EWHC 2308 (Ch).
  • Manolete Partners Plc v Hayward & Barrett Holdings Ltd [2021] EWHC 1481 (Ch).

Subjects:
Insolvency Law