Insolvency Practitioners: Appointment, Duties, Powers and Liability 2nd Edition

Author: Hugh Sims KC; Simon Passfield KC; Rachel Lai; Neil Levy; Stefan Ramel; Holly Doyle; James Hannant; Samuel Parsons
Publisher: Edward Elgar Publishing
ISBN: 9781035311897

Previous Edition ISBN: 9781788973977
Published In: June 2024
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

This thoroughly revised second edition provides a clear overview of the functions and liabilities of insolvency practitioners (IPs). It considers the circumstances in which IPs are appointed and their duties and 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.

Key Features:

Examination of both reported case law and unreported cases from the authors’ own experiences to provide unparalleled insight
Discussion of tendentious matters such as aspects of remuneration and the latitude given to IPs in exercising their commercial judgement
Analysis of recent legislative developments including the Administration (Restrictions on Disposal etc. to Connected Persons) Regulations 2021 regarding ‘pre-packs’
Coverage of important Supreme Court cases such as Brake v The Chedington Court Estate Ltd (2023) on the question of standing to challenge trustees in bankruptcy and R (on the application of Palmer) v Northern Derbyshire Magistrates’ Court (2023) on whether administrators and liquidators are ‘officers’ of a company for all purposes
Consideration of significant first instance decisions such as Re One Blackfriars Ltd (2021) on IP liabilities, Centenary 6 Ltd v TLT LLP (2023) on claims against administrators and liquidators, and Carraway Guildford (Nominee A) Ltd v Regis UK Ltd (2021) on the professional liability of a nominee in a CVA

This book is a crucial resource for insolvency practitioners and lawyers in insolvency practice, enabling them to effectively assist and advise IPs from appointment to discharge. It is also essential reading for postgraduate students and academics in corporate and insolvency law.

Foreword to the first edition

Foreword to the second edition

Preface and acknowledgements to the first edition

Preface and acknowledgements to the second edition

Introduction

PART I. QUALIFICATION AND APPOINTMENT

Qualification and Authorisation of Insolvency Practitioners

Appointment, Termination and Removal

PART II. DUTIES AND POWERS IN OFFICE

The Duties of Office-Holders

The Powers of Office-Holders

PART III. OFFICE-HOLDER LIABILITY