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Insolvency Practitioners: Appointment, Duties, Powers and Liability

Insolvency Practitioners: Appointment, Duties, Powers and Liability

Author: Hugh Sims QC et al.
Publisher: Edward Elgar Publishing
ISBN: 9781788973977
Published In: December 2020
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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This is an indispensable and practical overview of the functions and liabilities of the insolvency practitioner (IP), bringing together the expertise of insolvency practitioners and specialist lawyers. It considers the circumstances in which IPs are appointed, their duties and their powers, before offering a detailed investigation into their potential professional liabilities, as well as in-depth guidance to practitioners and advisers as to how claims might be framed and defended. Utilising knowledge drawn from decades of practice, Insolvency Practitioners examines both reported case law and unreported cases from the authors’ own experiences to provide unparalleled insight and information. It also discusses unresolved and tendentious matters such as aspects of remuneration, the end of personal IP licensing, and recent changes introduced by the Corporate Insolvency and Governance Act 2020, and provides clarity on the latitude given to IPs in exercising their commercial judgement. This book provides unique and comprehensive coverage of the significant body of case law in this area, and will prove essential reading for all IPs, insolvency and restructuring lawyers, as well as those dealing with matters relating to professional negligence. Its exploration of contentious issues in the field will also be of interest to academics and postgraduate researchers with a focus on insolvency law.

Foreword

Preface

1. Introduction

PART I. QUALIFICATION AND APPOINTMENT

2. Qualification and authorisation of insolvency practitioners

3. Appointment, termination and removal

PART II. DUTIES AND POWERS IN OFFICE

4. The duties of office-holders 5. Powers of office-holders

PART III. OFFICE-HOLDER LIABILITY

6. Breaches of duty

7. Remedies for breach of IP’s duty

8. Defences