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How the broad ambit of Section 423 allows a wider range of transactions to be challenged

In this article, first published in INSOL Europe's Eurofenix's Summer 2023 magazine, Gwilym Jones and Piers Elliott examine the options available to office holders when seeking to make realisations from litigation claims.

Many businesses forced to close during the COVID-19 pandemic held business interruption insurance policies they had envisaged would provide them with coverage. The 2020 Supreme Court test case judgment only considered the wording set out in certain standard policies issued by a handful of insurers leaving many policyholders uncertain as to whether their claims would be covered. A series of High Court decisions this year have helped to address some of that uncertainty - and we explore below a number of decisions which have largely been favourable to policyholders.

The Court of Appeal decision in Lock v Stanley (Re Edengate) [2022] EWCA Civ 626 makes it clear that defendants to assigned claims will face significant hurdles if they try to challenge the office-holders decision to assign.

The COVID-19 pandemic is without precedent in modern times. Its impact has spread across the globe infecting our lives for nearly two years. An unfortunate consequence of the pandemic is also likely to be an explosion of fraud cases. In this article, Piers Elliott and Lauren Pender examine the reasons why.

Henderson & Jones has recently used an innovative assignment model to take control of a number of significant property assets for the benefit of bankruptcy estates. The property interests have now been secured and hundreds of thousands of pounds are due to be returned to the bankruptcy estates. See below for a brief explanation of how this was acheived.

Wise words from Mahatma Gandhi, however it seems that, despite being a lawyer, Gandhi was not talking about service in the legal sense of the world. In this article, Sophie Samani explains how not to get lost when seeking to serve individuals where their current whereabouts are unknown or they reside outside of the jurisdiction.

A recent change to CPR 36 permits Claimants to make Part 36 Offers which allow for interest to accrue after the end of the "Relevant Period" for accepting the offer. In this article, Piers Elliott considers the change made and evaluates the potential tactical opportunities this creates for Claimants.