case law

Technical Update April 2014

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This technical update contains the following:-

CASE LAW
• FEES APPLICATION OVERTURNED
• CREDITOR USES PARA 74 TO SEEK ASSIGNMENT OF RIGHT OF ACTION
• DUTY OF CARE WHEN SELLING PROPERTY
• COSTS IN ADMINISTRATION

INSOLVENCY GUIDANCE PAPER
• BANKRUPTCY – FAMILY HOMES

LEGISLATIVE UPDATE
• ONLY ONE COUNTY COURT
• WEEK’S WAGE RAISED
• CHANGES TO INSOLVENCY DEPOSITS & SOS FEE
• NEW EU PROPOSED CHANGES TO ML RULES
• DISCLOSURE OF INFORMATION TO THE INSOLVENCY SERVICE

GENERAL INFORMATION
• PPF TO USE NEW PPF-SPECIFIC INSOLVENCY MODEL
• PRE-PACK SALES UNDER GOVERNMENT REVIEW AGAIN
• DEAR IP

Technical Update 04 2014

Technical Update February 2014

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This technical update contains the following:-

• Company Books and Records
• SIP 17
• Insolvency Guidance Paper Systems for Control of
Accounting and Other Business Records

CASE LAW
• When creditors do not participate
• Business rates captured by CVA
• Equity of Exoneration
• Establishment to be determined by EU
• Proving Solicitors Negligent

LEGISLATIVE UPDATE
• Red Tape Challenge and New Rules
• Licensing of IPs
• Consumer Credit Licence
• New TUPE Regulations

GENERAL INFORMATION
• IVA Protocol Updated
• Guidance on Strike-off from Companies House
• CPI, CPPI, CPCI Re-sit Course 2014

Technical update 2 2014

Technical Update December 2013

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This technical update contains the following:-

• Draft SIP 3 CVAs

CASE LAW
• Court’s view on Trustee’s costs
• Administrators may make redundancies for economic
reasons
• Adjudication of pre-CVA debt
• EC regulation, COMI and provisional liquidators
• S238 requires the company to enter into the transaction

LEGISLATIVE UPDATE
• Protected Trust Deeds Scotland

GENERAL INFORMATION
• Guidance on Fees and Ethics
• FSA guidance on selling of interest rate hedging
products
• Urgent applications
• PPI claims and tax on interest
• Guidance for PPI in Trust Deeds & Sequestrations
• PVA and RPO claims
• JIEB & CPI Courses

Technical update December 2013