Lightman & Moss: The Law of Administrators and Receivers of Companies, 5th Edition, (1st Supplement)

Includes a wealth of detail on new cases including:

• Lehman Brothers International (Europe) noted on whether purporting to create a ‘‘general lien’’ over intangible assets created a floating charge
• A charge on future –acquired property could be affixed charge: Re Rayford Homes Ltd
• Effects of Leisure (Norwich) II Ltd v Luminar Lava Ignite Ltd and Re Bickland Ltd considered on administration expenses
• Note potential liability for acting “as administrator”: Wright Hassall LLP v Morris
• Effect of administration on TUPE Regulations considered: Key2Law (Surrey) LLP v De’Antiquis
• Insolvency Service drops plans for legislative reform of pre-packs
• Delivery up of property to office-holder considered: Uniserve Ltd v Croxen
• Disclosure in cross-border insolvency (Re Chesterfield United Inc, JSC BTA Bank v Solodchenko, Sunwing Vacation Inc v E-Clear (UK) Plc) Insolvency Service drops plans for legislative reform of pre-packs
• Effect of interim moratorium considered: Re Ramora UK Ltd
• Proof of dishonesty is not an essential prerequisite for a finding of bad faith (Horn v Commercial Acceptances Ltd)
• Bevin v Datum Finance Ltd (mortgagee’s duty of care in a depressed market: must act in good faith)
• Effect of administration on TUPE Regulations considered: OTG Ltd v Barke and Key2Law (Surrey) LLP v De’Antiquis
• Leisure (Norwich) II Ltd v Luminar Lava Ignite: liability of administrator for rent
• Effect of statutory provisions relating to authorised guarantee agreements: K/S Victoria Street v House of Fraser (Stores Management) Ltd
• Amendment of receivership order to appoint the receivers as managers of related companies (JSC BTA Bank v Ablyazov)
• Re Kaupthing Singer & Friedlander: ruling on the appropriate jurisdiction in which to resolve the validity of a claim in a cross-border insolvency
• Rastelli Davide v. Hidoux: ruling by the ECJ on the conditions under which a national court may apply its rules to enable joinder of insolvency proceedings involving companies whose affairs are closely interconnected
• Larsen v. Navios International Ltd: on the treatment of rights of set-off invoked by parties in cross-border insolvency proceedings to which the CBIR are applicable

Plus many more.