Doyle, Keay and Curl: Annotated Insolvency Legislation 2023 11th Edition

Doyle, Keay and Curl: Annotated Insolvency Legislation Eleventh Edition provides fully curated 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 practitioners and academics with everything they need within a single portable volume.

Combining the experience and knowledge of an established practitioner team and two leading academics, the book provides a practical discussion of relevant insolvency provisions and case-law.

The 11th edition of this well-established work brings together all the relevant statutory material as well as the SIPs and essential practice directions in a single manageable volume. Updates to the commentary for this edition include the following key cases and developments:

Corporate insolvency:

• Recent cases on the new Part 26A restructuring plan: Amicus Finance Plc [2021] EWHC 2244 (Ch), [2021] EWHC 3036 (Ch); Re Smile Telecoms Ltd [2022] EWHC 387 (Ch), [2022] EWHC 740 (Ch); Re Houst Ltd [2022] EWHC 1765 (Ch), [2022] EWHC 1941 (Ch)
• Relationship between CVA modifications and electronic voting: Re Nero Holdings Ltd (in company voluntary arrangement) [2021] EWHC 2600 (Ch), [2022] BPIR 189
• Monitor’s decision-making under the new Part A1 moratorium: Re Corbin & King Holdings Ltd [2022] EWHC 340 (Ch), [2022] 2 BCLC 156
• The largest ever preference action arising from the Comet liquidation in Carton-Kelly v Darty Holdings SAS [2022] EWHC 2873 (Ch)
• The circumstances in which a dissentient creditor may challenge office-holder decision-making in Re Edengate Homes (Butley Hall) Ltd [2022] EWCA Civ 626, [2022] 2 BCLC 1, [2022] BPIR 970
• Financial Conduct Authority v Carillion Plc ([2021] EWHC 2871 (Ch), [2022] Ch 16, [2022] 1 BCLC 66, [2022] BPIR 74 concerning the meaning of “proceeding” under s.130(2)
• Re MBI & Partners Inc [2021] EWCA Civ 1190, [2022] Ch 212, [2021] BPIR 1373 on witness immunity for statements made during a s.236 examination
• Manning v Neste AB [2022] EWHC 2578 (Ch) and Borg-Oliver v Knowles [2022] EWHC 2579 (Ch) and on validity and invalidity of QFC appointments on enforceability grounds.
• Re Fore Fitness Investments Holdings Ltd, Hashmi v Lorimer-Wing [2022] EWHC 19 and the contrasting decision in Re Active Wear Ltd [2022] EWHC 2340 (Ch) on appointments in single director companies.
• The unsuccessful appeal to the Court of Appeal in Schofield v Smith [2022] EWCA Civ 824 upholding the striking out of claims against administrators and rejecting arguments based on the rule in Ex parte James.
• In Re Patisserie Holdings plc (in liquidation) [2021] EWHC 3205 (Ch) on rejected proposals.
• Re Swiss Cottage (38) Properties Ltd (in liquidation) [2022] EWHC 1495 (Ch) on Sch B1 para 71 applications.
• Re Discovery Yachts Ltd [2021] EWHC 2475 (Ch), [2022] BPIR 820 and the automatic liability of directors under s.216

Personal insolvency:

• Remedy against debtor’s property under s.285(3)(a): Michael Wilson & Partners Ltd v Sinclair [2021] EWCA Civ 505, [2021] 4 WLR 63
• Occupation rent and s.335A: Ali v Khatib [2022] EWCA Civ 481, [2022] 4 WLR 50
• Role of change of position in s.340 preference claim: Re Fowlds [2021] EWHC 2149 (Ch), [2022] 1 WLR 61
• Recent cases on the relationship between the adjudicator regime and the courts: Lakatamia Shipping Company Ltd v Su [2021] EWHC 1866 (Ch), [2022] BPIR 181 and The Office of the Bankruptcy Adjudicator v Shaw [2021] EWHC 3140 (Ch), [2022] BPIR 807
• What counts as an “offer” for the purposes of s271(3): Hughes v Howell [2021] EWCA Civ 1431, [2022] BPIR 135
• Survival of debts post-bankruptcy under the fraud exception in s.281(3): Jones & Pyle v Rymell [2021] EWHC 385 (Ch), [2021] BPIR 1243
• The appropriate test for annulment under s.282(1)(a): Re Dusoruth (a bankrupt) [2022] EWHC 2346 (Ch) and Khan v Singh-Sall [2022] EWHC 1913 (Ch)