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"This title discusses the legal considerations involved in company liquidation and addresses the various methods of winding-up. It covers the legal considerations to be taken into account in relation to creditors' petitions and miscellaneous other petitions. It explains provisional liquidation, analyzes the role and duties of the liquidator as well as the role of creditors, and addresses the distribution of a company's assets in both insolvent and solvent liquidations. It also provides guidance on investigations and examinations and discusses misconduct and prosecutions, as well as actions that can be taken by liquidators to recover assets and the international aspects of liquidations." --

Covering the subject of insolvency law, this text contains detailed academic analysis where necessary and also covers areas of debate and controversy in the subject. Insolvency is set in its social, economic and historical context and brief extracts for judgements and statutes are given.

Doyle, Keay and Curl: Annotated Insolvency Legislation Twelfth Edition provides fully curated practical guidance on the 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, providing practitioners and academics with everything they need within a single portable volume.Combining the experience and knowledge of an established practitioner team and two leading academics, the book provides a practical discussion of relevant insolvency provisions and case law.The 12th edition of this well-established work brings together all the relevant statutory material as well as the SIPs and essential practice directions in a single manageable volume. Updates to the commentary for 2024 include the following key cases and developments:* Comprehensive update of commentary on Part 26A restructuring plans, including each of the dozen or more cases decided during 2023* Updates on several decisions under s.423 on transactions defrauding creditors, most notably Invest Bank PSC v El-Husseini [2023] EWCA Civ 555, Integral Petroleum S.A. v Petrogat FZW [2023] EWHC 44 (Comm) and Dormco SICA Ltd (In Liquidation) v SBL Carston Limited [2023] EWHC 20 (Ch) * Key new Supreme Court authority, including the wide-ranging judgment on standing to bring an application to challenge an office-holder's conduct in Brake v Chedington Court Estate Ltd [2023] UKSC 29; and whether or not an administrator is an 'officer' of the company in administration in R (on the application of Palmer) v Northern Derbyshire Magistrates' Court [2023] UKSC 38

The book provides an analysis of the general duties of directors contained in Chapter 2 Part 10 of the Companies Act 2006, addressing aspects of the law that are highly relevant to such duties.

This book provides an extensive analysis of the law and practice relating to insolvency litigation in England and Wales, as well as examination of other common law jurisdictions. Written by leading insolvency lawyers it addresses key concerns affecting the prosecution and defence of insolvency proceedings by drawing on a wide range of case law, providing detailed guidance on challenging issues. Key Features: Combines practice insights with a clear exposition of the relevant law as it affects the litigation relating to insolvency proceedings Focuses on the law in England and Wales but incorporates consideration of law in other common law jurisdictions Evaluates the Insolvency Rules 2016 and the Insolvency Act 1986 in the context of relevant case law Examines a broad range of litigation topics, including insolvency processes, information gathering, claims, costs and funding, and cross-border regulations Insolvency Litigation is a vital resource for legal practitioners specialising in insolvency, as well as all those seeking a wider understanding of insolvency litigation. Its insights are also beneficial to students and scholars of company and insolvency law, and dispute resolution.

Insolvency Legislation: Annotations and Commentary provides practical guidance on the key UK primary and secondary insolvency legislation. In addition to the complete texts of the Insolvency Act 1986 (as amended), the Insolvency Act 2000, the EC Regulation on Insolvency Proceedings 2000, the Cross-Border Insolvency Regulations 2006 with the UNCITRAL Model Law, the Enterprise Act 2002 and the Insolvency Rules 1986 (as amended), readers are provided with a detailed analysis on the statutory provisions within a single, portable volume. Combining the experience and knowledge of an established practitioner and a leading academic in the field, Insolvency Legislation: Annotations and Commentary provides detailed commentary under headings including general observations, terminology or specific wording, practical issues, and procedure. The text supplies a succinct practical discussion of relevant insolvency provisions and case law. It has been written specifically for the purpose of assisting not only in the identification of the key legal principles, but also in facilitating practical problem solving. This second edition has been indexed and tabled to page for ease and speed of reference.

Introduction. Modes of winding up. Creditor's petition for a winding-up order. Contributory's petition. Miscellaneous other petitions. Provisional liquidation. Commencement and effect of winding up. Administrative organs of winding up. Functions of the liquidator. Contributories. Assets available for division and distribution. Creditors. Division of assets among creditors. Distribution of surplus assets. Investigations and Examinations. Misconduct and prosecutions. The conclusion of winding-up proceedings.