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Insolvency and Debt Recovery

Assigning Claims to Creditors

Buisness Pie Charts

What is an Assignment? An assignment is the transfer of a right from one party to another. A cause of action by which a party may be able to enforce a right is a chose in action and, in principle, is capable of assignment. Generally speaking a cause of action cannot be assigned if that…

An Economic Update

Buisness Team meeting

With the recent increase in the number of confirmed coronavirus cases and the introduction of further national measures to help slow the spread of the pandemic, many are left wondering what this second wave will mean for the future of the UK economy. The picture so far A decline in household spending between March and…

Thursfields expands restructuring and insolvency services to meet new demands

Lauren - Colour

A specialist in restructuring and insolvency has returned to the frontline at Thursfields Solicitors to support the expansion of its growing Commercial Litigation department. Lauren Hartigan-Pritchard has been with the firm since 2013 and, following maternity leave in 2019, Thursfields created a business manager role to retain and develop her broad skills. She will now…

With disputes rising post-lockdown, there are innovative options to avoid court

STEPHEN ROME

The COVID-19 pandemic has caused huge economic damage in the UK and worldwide. This will inevitably lead to more commercial disputes. Why? Because agreements may no longer fit for purpose as they did not contemplate what would happen to rights and obligations in the event of a pandemic. From leases to employment disputes, and from…

Thursfields Talk Legal: the positive sides of insolvency to be discussed at free webinar

STEPHEN ROME

The way that insolvency can become a positive outcome for businesses facing financial problems will be discussed at Thursfields Solicitors’ webinar next month. Stephen Rome, a director in the Dispute Resolution department at Thursfields Solicitors, and an expert in contentious insolvency matters, will host the free Talk Legal webinar at 10am on Wednesday 16 September….

The (other) perils of COVID-19 – Thursfields Solicitors

STEPHEN ROME

The Coronavirus has had a devastating impact on human life and torn through the UK economy as quickly as the Australian bushfires we witnessed earlier in the year. In order to address the impact on the economy the UK government have been quick to rush through two pieces of legislation to provide support to businesses…

Plans for emergency insolvencies legislation get cautious welcome from Thursfields

Buisness Team meeting

The drafting of emergency legislation to soften insolvency rules during and after the COVID-19 lockdown has been cautiously welcomed by a top expert at Thursfields Solicitors. Stephen Rome, a senior associate solicitor in the Dispute Resolution department at Thursfields, was commenting after various reports debating the pros and cons of the forthcoming changes. Business secretary…

Protecting Your Business – Coronavirus (COVID-19) | Corporate and Commercial Law

Business team meeting consulting the project.professional investor working the project. Concept business and finance

The Coronavirus (COVID-19) pandemic is of great concern to many businesses as they balance putting contingency plans in place to protect their staff’s wellbeing and also continue to provide their products and services to clients. Thursfields Solicitors is open for business as usual and has the resources and legal expertise to guide you. All of…

Can leasehold property be disclaimed by a trustee in bankruptcy?

Senior Associate Solicitor Lauren Hartigan-Pritchard

In the recent decision of Abdulla v Whelan [2017] EWHC 605 (Ch) the court of appeal was asked to consider whether the first instance decision that a notice of disclaimer under Section 315 of the Insolvency Act 1986 (“the Act”) could not terminate the legal ownership of an underlease was correct. Mrs A was a…

Crescent Farm principle no longer applies in bankruptcy

Senior Associate Solicitor Lauren Hartigan-Pritchard

In the recent case of Leeds and another v Lemos and others [2017] EWHC 1825 (Ch) the High Court held that, following the recent Court of Appeal decision in Avonwick Holdings Limited and others v Shlosberg [2016] EWCA Civ 1138 (“Avonwick”), the principle formulated in Crescent Farm (Sidcup) Sports Limited v Sterling Offices Limited [1972]…

Hire purchase assets not exempt from bankruptcy

Senior Associate Solicitor Lauren Hartigan-Pritchard

In the recent decision of Mikki v Duncan (as Trustee in Bankruptcy of Mr. Mikki) [2017] EWCA Civ 57, CA, 3 February 2017 the Court of Appeal was asked to consider whether a car being purchased by the bankrupt through a hire purchase agreement was exempted from property which vests in a trustee in bankruptcy…

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