Insolvency Legislation: Annotations and Commentary, 2013 Edition

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