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Brett Wilson Civil Litigation and Insolvency Blog

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5.01.22

Covid-19 no longer an acceptable excuse for procedural failings

Covid-19 and the restrictions imposed as a result have inevitably had an impact on whether court deadlines can be met in every case. What if you need to make an application for an extension of time as a result of Covid restrictions? What are the principles that the Court will apply? Does the Court’s sympathetic…

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22.11.21

Should litigants in person get less leeway in libel cases?

The question of how much leeway a litigant-in-person should get when it comes to compliance with the Civil Procedure Rules (‘CPR’) and court orders is a long-argued and fraught one.  The concept of litigants-in-person being treated in the same way as those professionally represented has been eroded over time with concessions here and indulgences there….

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19.11.21

Various Covid-19 restrictions on creditors taking corporate insolvency have ended

We have been monitoring the Corporate Insolvency and Governance Act 2020 (the “Act”) closely since it came into effect on 26 June 2020. Under the Act, as it currently stands, the relevant period of the temporary restrictions and moratorium periods can be extended pursuant to the Corporate Insolvency and Governance Act 2020 (Coronavirus) (Suspension of…

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An introduction to directors disqualification proceedings

Below we discuss common questions that arise when an individual faces the threat of directors disqualification proceedings. When do director disqualification proceedings arise? Below we discuss common questions that arise when an individual is threatened with disqualification proceedings by either the Secretary of State or a liquidator and following disqualification. When do director disqualification proceedings…

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Service on directors of UK companies: a practical alternative to the Civil Procedure Rules

In Key Homes Bradford Ltd and others v Patel [2014] EWHC B1 (Ch), the High Court considered the validity of service of a claim form on the director of a UK company, pointing to a practical alternative for service found in the Companies Act 2006 (‘the Act’). In the decision, Master Marsh concluded that section…

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9.11.21

A liquidator has been appointed to run my company. What does this mean?

What is a liquidator? A liquidator is either an Official Receiver or an authorised insolvency practitioner, who is appointed when a company either chooses voluntary liquidation, or enters compulsory liquidation following a winding-up order. The role of a liquidator is to deal with the affairs of a company that is in the process of being…

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5.11.21

Responding to a bankruptcy petition

Below we focus on the ways in which you, as the debtor, can challenge a bankruptcy petition that has been presented by a creditor. We have specifically raised some of the common grounds to defend bankruptcy proceedings, the procedural process, the effect of a petition if you decide not to defend it and other key…

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4.11.21

Have you been the victim of cryptocurrency fraud?

Crypto fraud is on the rise.  Crypto fraud can be difficult to spot before it’s too late. For most investors, the technological environment is novel territory. The good news, though, is that it may be easier to trace the stolen crypto assets given the transparent nature of blockchain technology. What to look out for before…

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21.10.21

Brett Wilson LLP and its lawyers recommended in Chambers and Partners 2022 directory

Brett Wilson LLP’s media and communications law and criminal defence departments have again been recommended by the prestigious Chambers and Partners directory. In the firm’s media and communications law department, partners Iain Wilson (noted for ‘having very good knowledge and understanding what a client wants), Max Campbell (‘outstanding knowledge, practical approach and amazing client service‘) and…

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4.10.21

Brett Wilson LLP’s departments and lawyers recognised by Legal 500

Brett Wilson LLP has again been recommended in three categories in the prestigious Legal 500 directory of leading law firms:- Reputation Management Professional Discipline Crime (General) Media and communications law partners Iain Wilson (described as ‘superb’) and Max Campbell (noted for his ‘brilliant judgement and [standing] out among solicitors in this area for his strategic approach’) have been…

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Legal Disclaimer

Articles are intended as an introduction to the topic and do not constitute legal advice.

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