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Insolvency Legislation: Annotations and Commentary 6th edition

The new edition covers in full the significant changes effected by the Insolvency (England and Wales) Rules 2016, with annotations and commentary to help practitioners navigate the new law.
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ISBN/ISSN: 9781784733018

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Why should you buy Insolvency Legislation: Annotations and Commentary

Insolvency Legislation: Annotations and Commentary provides fully curated practical guidance on 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. This is all contained within one easy to use and transportable volume.

The new edition covers in full the significant changes brought about by the Insolvency (England and Wales) Rules 2016, with clear, practical annotations and commentary, to help practitioners navigate the new law. It features a helpful destination table that maps the new rules against the Insolvency Rules 1986.

Updated areas include:

  • The significant changes in the procedure leading to the commencement of a creditors’ voluntary liquidation and the nomination of a liquidator.
  • Expansion of commentary on inability to pay debts under section 123.
  • Consideration of sections 246ZE and 246ZF.
  • Comprehensive coverage of the recast version of the  European Insolvency Regulation - Regulation 205/848 - which comes into force on 26th June 2017.

The annotations and commentary to the Insolvency Act 1986 have been thoroughly updated to include recent case-law developments:

  • The judgments by the Supreme Court and Court of Appeal in Akers v Samba Financial Group [2017] UKSC 6 and Electrical Distributors Ltd v Beavis [2016] EWCA Civ 765, [2016] BPIR 1386 respectively in addressing section 127 of the Act.
  • Brooks v Armstrong [2016] EWHC 2893 (Ch)) dealing with wrongful trading.
  • Key new voluntary arrangement cases: Fehily v Atkinson [2017] BPIR 21 on mental capacity; Golstein v Bishop [2017] BPIR 51 and Re Gertner [2017] BPIR  on material irregularity; and Green v Wright [2017] BPIR 430 on the non-release of IVA trusts on successful completion.

Insolvency Legislation: Annotations and Commentary provides a unique combination of the experience and knowledge of an established practitioner team from leading chambers, with a prominent academic. This is an essential reference work for insolvency lawyers, corporate restructuring specialists, licensed insolvency practitioners, academics and accountants. 

Foreword

The Insolvency Rules 2016 came into force on 6 April 2017. This is a timely sixth edition of an invaluable work. Louis Doyle and Professor Andrew Keay are providing an excellent service to practitioners by publishing what is thought to be the first published annotated guide to the new Rules. Read the full foreword...

Preface

In the twelve years since the first edition of this book was published in 2005 insolvency law has continued to develop apace. With the publication of this sixth edition, the first to be published by LexisNexis, we include a treatment of the newly implemented Insolvency Rules 2016, effective from as recently as 6 April 2017, as well as covering the case law developments across the personal, corporate and cross-border fronts of the insolvency legislation. Read the full preface...

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Table of contents

Dedication
Foreword to Sixth Edition
Preface to the Sixth Edition
Table of Cases
Table of Statutes
Table of Statutory Instruments
Table of International Legislation
Table of SIPs and Dear IPs
Insolvency Rules 2016 Destination Table
Introduction to the Insolvency Legislation
Insolvency Act 1986
Insolvency (England and Wales) Rules 2016, SI 2016/1024
Insolvency Act 2000
EU Regulation on Insolvency Proceedings 2000
Regulation (EU) 2015/848 on Insolvency Proceedings
Cross-Border Insolvency Regulations 2006 UNCITRAL Model Law
Enterprise Act 2002
Appendix 1 Statements of Insolvency Practice
Appendix 2 Practice Direction: Insolvency Proceedings
Appendix 3 Practice Statement – The Fixing and Approval of the Remuneration of Appointees (2004)
Index

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