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Administration In United Kingdom Law
Administration in United Kingdom law is the main kind of procedure in UK insolvency law when a company is unable to pay its debts. The management of the company is usually replaced by an insolvency practitioner whose statutory duty is to rescue the company, save the business, or get the best result possible. It is the equivalent of Chapter 11, Title 11, United States Code, although with significant differences. While creditors with a security interest over all a company's assets could control the procedure previously through receivership, the Enterprise Act 2002 made administration the main procedure. History The Insolvency Act 1986, Schedule B1 contains the procedure for a company entering administration, as updated by the Enterprise Act 2002. It was first introduced following the Cork Report's priorities for transparency, accountability and collectivity and, crucially, fostering a rescue culture for business. Appointment In general the conditions for a court to grant an admin ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
UK Insolvency Law
United Kingdom insolvency law regulates companies in the United Kingdom which are unable to repay their debts. While UK bankruptcy law concerns the rules for natural persons, the term insolvency is generally used for companies formed under the Companies Act 2006. "Insolvency" means being unable to pay debts. Since the Cork Report of 1982, the modern policy of UK insolvency law has been to attempt to rescue a company that is in difficulty, to minimise losses and fairly distribute the burdens between the community, employees, creditors and other stakeholders that result from enterprise failure. If a company cannot be saved it is "liquidated", so that the assets are sold off to repay creditors according to their priority. The main sources of law include the Insolvency Act 1986, the Insolvency Rules 1986 (replaced in England and Wales from 6 April 2017 by the Insolvency Rules (England and Wales) 2016 – see below), the Company Directors Disqualification Act 1986, the Employment R ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Revenue And Customs Commissioners V Maxwell
''Revenue and Customs Commissioners v Maxwell'' 010EWCA Civ 1379is a UK insolvency law case, concerning pre-pack insolvencies. Facts HMRC argued that at a creditors’ meeting to approve a prepack insolvency for the Mercury Tax Group Ltd it should have been given £8m worth of votes, rather than £1.5m admitted by the chairman, Edward Klempka. He was an insolvency practitioner appointed by Mercury’s directors, and was attempting to effect a sale of the business to the management. They argued there were impermissible deductions for payments to employee benefit trusts and substantial loans to directors. The Judge held that only the liquidated debts had to be counted for the purpose of assessing the votes at the meeting, and it was within Klempka’s discretion to not count the HMRC debts. Judgment Lord Neuberger MR allowed the appeal. The judge’s role was to form her own view, not merely review the chairman’s decision under IR 1986 r 2.39, and had been wrong to make up his ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Re T&D Industries Plc
''Re T&D Industries plc'' 000BCC 956 is a UK insolvency law case, concerning the policy of administration of a company in financial distress. It held that administrators have the clear power to deal with the company's property as is necessary if under the pressure of time before there is a creditors' meeting. Facts The two administrators of T&D Industries plc (from PWC) wished to dispose of the company's assets before a creditors' meeting had taken place as required by the Insolvency Act 1986 s 24 (now Schedule B1, para 51). Section 17(2)(a) (now updated in schedule B1, para 1) contained the ambiguously worded provision that an administrator can manage the affairs, business and property of the company, Counsel for the administrators argued that this should be taken, on a first interpretation, to mean that the administrator could do anything, unless it was prohibited under the administration order for their appointment. Failing that, a second interpretation was that any disposa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
David Neuberger, Baron Neuberger Of Abbotsbury
David Edmond Neuberger, Baron Neuberger of Abbotsbury (; born 10 January 1948) is an English judge. He served as President of the Supreme Court of the United Kingdom from 2012 to 2017. He was a Lord of Appeal in Ordinary until the House of Lords' judicial functions were transferred to the new Supreme Court in 2009, at which point he became Master of the Rolls, the second most senior judge in England and Wales. Neuberger was appointed to the Supreme Court, as its President, in 2012. He now serves as a Non-Permanent Judge of the Hong Kong Court of Final Appeal and the Chair of the High-Level Panel of Legal Experts on Media Freedom. Early life Neuberger was born on 10 January 1948, the son of Albert Neuberger, Professor of Chemical Pathology at St Mary's Hospital, University of London, and his wife, Lilian. His uncle was the noted rabbi Herman N. Neuberger. All three of his brothers are or were professors: James Neuberger is Professor of Medicine at the University of Birmin ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rescue
Rescue comprises responsive operations that usually involve the saving of life, or the urgent treatment of injuries after an accident or a dangerous situation. Tools used might include search and rescue dogs, mounted search and rescue horses, helicopters, the "jaws of life", and other hydraulic cutting and spreading tools used to extricate individuals from wrecked vehicles. Rescue operations are sometimes supported by rescue vehicles operated by rescue squads. Rescue is a potent theme in human psychology, both from mortal perils and moral perils, and is often treated in fiction, with the rescue of a damsel in distress being a notable trope. Psychoanalyst Sigmund Freud introduced the concept of "rescue fantasies" by men pursuing "fallen women" in his 1910 work "A Special Type of Choice of Object Made by Men"; Freud's insight into this aspect of male psychology might retain merit, though his proposed Oedipus complex used to frame this concept is no longer in vogue. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Burger King
Burger King (BK) is an American-based multinational chain of hamburger fast food restaurants. Headquartered in Miami-Dade County, Florida, the company was founded in 1953 as Insta-Burger King, a Jacksonville, Florida–based restaurant chain. After Insta-Burger King ran into financial difficulties in 1954, its two Miami-based franchisees David Edgerton (1927–2018) and James McLamore (1926–1996) purchased the company and renamed it "Burger King". Over the next half-century, the company changed hands four times and its third set of owners, a partnership of TPG Capital, Bain Capital, and Goldman Sachs Capital Partners took it public in 2002. In late 2010, 3G Capital of Brazil acquired a majority stake in the company, in a deal valued at US$3.26 billion. The new owners promptly initiated a restructuring of the company to reverse its fortunes. 3G, along with partner Berkshire Hathaway, eventually merged the company with the Canadian-based doughnut chain Tim Hortons, un ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Percival V Wright
''Percival v Wright'' 9022 Ch 401 is a UK company law case concerning directors' duties, holding that directors only owe duties of loyalty to the company, and not to individual shareholders. This is now codified in the United Kingdom's Companies Act 2006, section 170. Facts Shareholders in Nixon's Navigation Co. wanted to sell their shares, and requested that the company's secretary find purchasers. Some directors of the company purchased the shares at £12.10s per share, which price was based upon independent valuation. After the sale, the shareholders discovered that before and during the negotiations for that sale, the board of directors had been involved in other negotiations to sell the entire company, which would have made those shares substantially more valuable had they come to fruition. The plaintiff sued, claiming breach of fiduciary duty, in that the shareholders should have been told of these negotiations. Judgment Swinfen Eady J held the directors owed duties to th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Peskin V Anderson
''Peskin v Anderson'' 000EWCA Civ 326is a UK company law case concerning Directors' duties in the United Kingdom">directors' duties under English law. Facts Former members of the Royal Automobile Club (RAC) sued the directors for failing to disclose that they had plans to demutualise. They claimed that they could have received £35,000 had they stayed in the club, but had given up their membership. They claimed that the directors had breached a duty owed to them as shareholders to inform them of the upcoming demutualisation plan. The RAC applied to have the claims struck out as having no prospect of success as directors did not owe a duty to individual shareholders. The RAC succeeded in having the claims struck out at first instance before Neuberger J, and the claimants appealed to the Court of Appeal. Judgment The Court of Appeal dismissed the appeal. The only judgment was given by Mummery LJ. Although there were several grounds in the appeal, the main proposition for ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Oldham V Kyrris
is a UK insolvency law case concerning the administration procedure when a company is unable to repay its debts. Facts Mr Michael Oldham was appointed by the court as administrator of Mr Jack Kyrris’ partnership. Kyrris had operated 13 Burger King restaurants, including two on Angel Row and Upper Parliament Street, Nottingham. Mr Mario Royle was an employee who sought a secured equitable charge, granted by Kyrris, for work he had done, but had not yet been paid. This amounted to £270,000. A summary judgment was given to Mr Oldham, and Mr Royle cross appealed that Mr Oldham was in breach of a duty of care, and there was sufficient proximity to him were he an unsecured creditor. He said the failure to ensure sums were paid to him was a breach of duty. Behrens J said the equitable charge point was good enough to go to trial, and gave summary judgment for Oldham on the duty of care point. Judgment Jonathan Parker LJ said that any equitable charge was a matter for trial and th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
UK Company Law
The United Kingdom company law regulates corporations formed under the Companies Act 2006. Also governed by the Insolvency Act 1986, the UK Corporate Governance Code, European Union Directives and court cases, the company is the primary legal vehicle to organise and run business. Tracing their modern history to the late Industrial Revolution, public companies now employ more people and generate more of wealth in the United Kingdom economy than any other form of organisation. The United Kingdom was the first country to draft modern corporation statutes, where through a simple registration procedure any investors could incorporate, limit liability to their commercial creditors in the event of business insolvency, and where management was delegated to a centralised board of directors. An influential model within Europe, the Commonwealth and as an international standard setter, UK law has always given people broad freedom to design the internal company rules, so long as the mandat ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Directors' Duties
Directors' duties are a series of statutory, common law and equitable obligations owed primarily by members of the board of directors to the corporation that employs them. It is a central part of corporate law and corporate governance. Directors' duties are analogous to duties owed by trustees to beneficiaries, and by agents to principals. Among different jurisdictions, a number of similarities between the framework for directors' duties exist. *directors owe duties to the corporation, and not to individual shareholders, employees or creditors outside exceptional circumstances *directors' core duty is to remain loyal to the company, and avoid conflicts of interest *directors are expected to display a high standard of care, skill or diligence *directors are expected to act in good faith to promote the success of the corporation Australia General Law Directors have Fiduciary Duties under general law in Australia. They are: *Duty to act in good faith and not to act contrary t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
