Contempt of Court and Injunctions An injunction is an order of the court that: Requires a party to do something (known as a mandatory injunction). Requires a party to stop doing something (known as a prohibitory injunction). What is contempt…
Transactions at Undervalue Either an administrator or a liquidator can apply to the court to set aside any transaction at an undervalue. The court may set aside a transaction as a transaction at an undervalue if: The company made a…
When a company has entered a formal insolvency process, certain types of antecedent transaction (entered into by the company before the start of the insolvency) may be challenged under provisions in the Insolvency Act. Collectively, these are known as reviewable…
If, in the course of a winding up, it appears that a director has misapplied or retained, or become accountable for, any money or other property of the company, or been guilty of any misfeasance or breach of any fiduciary…
Under section 213 of the Insolvency Act if, in the course of the winding up of a company, it appears that any business of the company has been carried on with the intent to defraud creditors, or for any other…
Under section 214 of the Insolvency Act, on the application of a liquidator, the court may require a contribution to the assets of a company from a person who is or was a director of the company where the company…
The object of a retention of title clause (sometimes referred to as a Romalpa clause) is to give the seller of goods priority over secured and unsecured creditors of the buyer if the buyer fails to pay for the goods because it…
