Transactions at an Undervalue and Defrauding Creditors
9 June 2008
The time limits within which transactions at an undervalue can be upset under sections 238 and 339 of the Insolvency Act 1986 are reasonably well […]
articles
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Group and Company Reorganisations – s110 arrangements
22 May 2008
At some time during the development of a company the directors and shareholders are likely to see advantages in diversifying the ownership of business activities. […]
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HIH Insurance (McGrath v Riddell) – Lords divided on universalism
12 April 2008
A unanimous appeal verdict but a divergence of reasoning characterise the Law Lords’ speeches in McGrath and another v Riddell and others [2008] UKHL 21. […]
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Entrepreneurs’ Relief – Loan Notes
11 March 2008
Anyone thinking of exchanging shares in their trading company from loan notes in another company after 5 April 2008, will need to be very careful […]
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Repossession statute barred
29 February 2008
An interesting case passed through the Court of Appeal a few weeks ago, which counsel for the bank concerned said could impact on a good […]
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Inter-spouse transfers and the banking of indexation
25 February 2008
My fellow partner and renowned tax lecturer Robert Jamieson has provided me with the following note about “banking” indexation allowance ahead of the new capital […]
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Cash flow test for insolvency (s123 Insolvency Act 1986) – Cheyne defines “as they fall due”
14 February 2008
The cash flow or commercial insolvency test contains a flexible and fact sensitive futurity requirement in the phrase “as they fall due”, according to Briggs […]
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Capital Gains Tax – Commercial Property
29 January 2008
The Chancellor’s announcement of the new “Entrepreneurs’ Relief” from 6 April 2008 appears to herald a marked change in the tax position of owners of […]
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Permacell Finesse: judgements affecting floating charge holders
24 January 2008
In 2003 the Enterprise Act made several major changes to insolvency law, including dropping the preferential status of the main government departments and the creation, […]