Director Duties

Director Misfeasance: there’s no “might” about it

Director Liability for Misfeasance Fail 100% as a Director to protect the company from the…

Elliot GreenAugust 1, 2019

Liquidator Removal

Liquidator Removal: Open Your Eyes and See

The removal of a Liquidator requires just cause. If the Liquidator has generally been honest…

Elliot GreenJuly 28, 2019

Bankruptcy

Bankruptcy’s not so clean slate

In the matter of Oraki v Hall EWHC 1515 (Ch) the continuing litigation in this…

Elliot GreenJuly 27, 2019

Other

Putting The Creditors First In Insolvency

It is a classic paradox that the whole insolvency process is underpinned by the interests…

Elliot GreenJuly 20, 2019

Other

Failure to Safeguard Estate Monies

An apparent failure to safeguard estate monies leads to a 9 year and 7 year…

Elliot GreenJuly 20, 2019

Other

Insolvency Is A Class Remedy

In the matter of Fraser Turner Ltd v Pricewaterhousecoopers LLP & Ors EWCA Civ 1290…

Elliot GreenJuly 20, 2019

Other

Court not bound by Nominee

In the matter of CFL Finance Ltd v Bass (Good faith to voluntary arrangements :…

Elliot GreenJuly 18, 2019

Other

Creditor of an Insolvency

Creditor of an Insolvency is in someways linked to a posts called "Creditor How to…

Elliot GreenJuly 10, 2019

Director Duties

In the Director’s Personal Name and on the Balance Sheet?

An asset on your company's balance sheet is likely to be a reasonably good indication…

Elliot GreenJuly 10, 2019

Liquidator Duties

Insolvency Act Powers – Reaching for the Section 236 pen; does the 234 one instead have more ink?

Reaching For The Section 236 Pen Overview Insolvency Act Powers - Reaching for the Section…

Elliot GreenMay 4, 2019

Fraud

Can Two Wrongs make a Right? Bankruptcy Order from Judgment by Fraud

THE CASE The case of Oraki v Dean & Dean EWHC 11 (Ch) is a…

Elliot GreenFebruary 21, 2017

Liquidator Removal

The Proof of Debt And Spinning Top

THE CASE This is another case of a Liquidator's rejection of a creditor's Proof of…

Elliot GreenFebruary 21, 2017

Proof Of Debt

How To Avoid Rejection of Your Proof Of Debt

How to avoid rejection of your proof of debt is a post following on from…

Elliot GreenFebruary 18, 2017

Other

Shlosberg v Avonwick Holdings Ltd [2016] EWHC 1001 (Ch): privilege and an injunction requiring solicitors to cease acting

Disclaimer: This is not legal advice and is not to be relied upon as such. No…

Elliot GreenMay 14, 2016

HMRC

VAT: planning restriction for use for holiday purposes prevents use as the person principal private residence

TC00898: DAVID TRATHEN (1) VAUGHAN GOODE (2) UKFTT 21 (TC) 1. These are appeals by…

Elliot GreenMarch 15, 2016

Bankruptcy

Non Est Factum: Green v Stadler

Non Est Factum: Green v Stadler comes from the case of Green v Stadler (unreported)…

Elliot GreenMarch 15, 2016

Liquidation

The Shifting Burden: Green v Raja 2015 EWHC 3931 (CH)

The interesting feature of this case is the position considered in relation to payments challenged from…

Elliot GreenMarch 14, 2016

Director Duties

De Facto Director – Key Issues

Overview Of De Facto And Shadow Directors Determination of a de facto Director position can…

Elliot GreenMarch 12, 2016

Liquidation

Green v Eltai [2015] BPIR 24

MR REGISTRAR JONES: A) A Summary of the Applicant’s Case and Evidence in Support A1)…

Elliot GreenApril 9, 2015

Liquidation

Liquidators lacking finance not good enough…

A common issue (by definition) facing liquidators is a lack of money for investigatory purposes.…

Elliot GreenFebruary 9, 2015

Elliot Green

Director Misfeasance: there’s no “might” about it

Liquidator Removal: Open Your Eyes and See

Bankruptcy’s not so clean slate

Putting The Creditors First In Insolvency

Failure to Safeguard Estate Monies

Insolvency Is A Class Remedy

Court not bound by Nominee

Creditor of an Insolvency

In the Director’s Personal Name and on the Balance Sheet?

Insolvency Act Powers – Reaching for the Section 236 pen; does the 234 one instead have more ink?

Can Two Wrongs make a Right? Bankruptcy Order from Judgment by Fraud

The Proof of Debt And Spinning Top

How To Avoid Rejection of Your Proof Of Debt

Shlosberg v Avonwick Holdings Ltd [2016] EWHC 1001 (Ch): privilege and an injunction requiring solicitors to cease acting

VAT: planning restriction for use for holiday purposes prevents use as the person principal private residence

Non Est Factum: Green v Stadler

The Shifting Burden: Green v Raja 2015 EWHC 3931 (CH)

De Facto Director – Key Issues

Green v Eltai [2015] BPIR 24

Liquidators lacking finance not good enough…

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