Update insolvency
Archer, David
Update insolvency - 2010 - Solicitors Journal 154(47) 14 December 2010, 23-24(2) .
"BNY Corporate Trustee Limited v Eurosail" [2010] EWHC 2005 (Ch) offered guidance on exactly when a company is insolvent under the Insolvency Act 1986 s123(3) aka the 'balance sheet test'. "In re Frankice (Golders Green) Ltd and others" [2010] WLR (D)118 threw light on the operation of the moratorium afforded by administration. Scottish courts followed "Goldacre" (L149729) in ordering that rent was an expense of the administration of the tenant until the contractual expiry of the license. "Rubin v EuroFinance" [2010] EWCA Civ 895 held that the ordinary rules for enforcing foreign judgments in personam did not apply to bankruptcy proceedings.
GOLDACRE (OFFICES) LTD V NORTEL NETWORKS UK LTD
BNY CORPORATE TRUSTEE LTD V EUROSAIL
IN RE FRANKICE (GOLDERS GREEN) LTD AND OTHERS
INSOLVENCY ACT 1986 S123(3)
INSOLVENCY ACT 1986 SCH B1 PARA 43(6)
England and Wales--1543-
Update insolvency - 2010 - Solicitors Journal 154(47) 14 December 2010, 23-24(2) .
"BNY Corporate Trustee Limited v Eurosail" [2010] EWHC 2005 (Ch) offered guidance on exactly when a company is insolvent under the Insolvency Act 1986 s123(3) aka the 'balance sheet test'. "In re Frankice (Golders Green) Ltd and others" [2010] WLR (D)118 threw light on the operation of the moratorium afforded by administration. Scottish courts followed "Goldacre" (L149729) in ordering that rent was an expense of the administration of the tenant until the contractual expiry of the license. "Rubin v EuroFinance" [2010] EWCA Civ 895 held that the ordinary rules for enforcing foreign judgments in personam did not apply to bankruptcy proceedings.
GOLDACRE (OFFICES) LTD V NORTEL NETWORKS UK LTD
BNY CORPORATE TRUSTEE LTD V EUROSAIL
IN RE FRANKICE (GOLDERS GREEN) LTD AND OTHERS
INSOLVENCY ACT 1986 S123(3)
INSOLVENCY ACT 1986 SCH B1 PARA 43(6)
England and Wales--1543-