Insolvency blog

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+2 2 votes

ICAEW response to Edward Davey’s statement on insolvency reform

There is no doubt that the rise in insolvencies during the recession has put insolvency practitioners under the spotlight. It is little wonder therefore that the profession has come under closer scrutiny. However, the results of the Government consu...

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+4 4 votes

Consultation on reforms to the regulation of insolvency practitioners - government response published

Today (20 December 2011), Ed Davey, Minister with responsibility for the insolvency regime, announced the Government’s response to the consultation on reforms to the regulation of insolvency practitioners.
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+2 2 votes

Joint Insolvency Committee newsletter - winter 2011

The Joint Insolvency Committee has recently issued its newsletter for winter 2011. The newsletter details the committee's work during the second 6 months of 2011 and provides an update on the projects that it has been progessing since the JIC's...
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+3 3 votes

Access the webinar resources: A SIP 16 masterclass, 7 December 2011

Talk Insolvency hosted a webinar on SIP 16 reporting on 7 December 2011 with guest presenters from the Insolvency Service sharing their experiences of monitoring the reports submitted by IPs. You can now access the recording of the webinar or d...

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+2 2 votes

Joint and several liability under s239- Defty & Another v Prestwood Properties Ltd & Another [2010] Ch D

The High Court has held that a company which received sums contrary to section 239 of the Insolvency Act 1986 ("the Act") was jointly and severally liable to repay them along with the de facto or shadow director who had authorised the payment.

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+5 5 votes

Paymex decision now extended to CVAs

Following the Paymex decision, we understand that HMRC has now decided that IP's fees on both Trust Deeds and CVAs should be exempt from VAT. Their VAT notice 701/49 has been amended to clarify the position for CVAs. You can access it...

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+2 2 votes

Compliance reviews - don't forget clients' money

ICAEW IPs are used to completing an annual compliance review for their insolvency work. But there is one area that we often see missed when we conduct our visits - an annual compliance review of clients' money procedures.

To be clear here, I am...

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+2 2 votes

Fraud indicators - what to look out for

The Fraud Advisory Panel issued a new factsheet yesterday - An introduction to fraud indicators. 

The factsheet outlines why fraud indicators are important and highlights some of the 'red flag' indicators that fraud may be occurring. ...

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0 0 votes

Supreme Court considers the rule against double proof

The rule against double proof means that an insolvency estate may not pay two dividends in relation to the same debt.There is also an equitable principle known as the rule in Cherry v Boultbee. The Supreme Court considered the conflict between ...

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+1 1 vote

Court of Appeal considers material irregularity in IVAs

Readers may remember the case of National Westminster Bank plc v Kapoor and Tang [2011] EWHC 255 (Ch), in which the High Court revoked Mr Kapoor's IVA.This case has now been considered by the Court of Appeal.