header-logo header-logo

27 January 2023 / Daniel Lightman KC , Charlotte Beynon
Issue: 8010 / Categories: Features , Commercial , Insolvency
printer mail-detail

Pleading issues: pick your battles

107895
Daniel Lightman KC & Charlotte Beynon recommend a rigorous approach when bringing Insolvency Act claims

In brief

  • Covers Chandler v Wright on insolvency claims where there are potential pleading deficiencies.
  • Offers insight into the approach taken by the courts to the pleading of Insolvency Act 1986, ss 214 and 212 claims.
  • Refers to the ongoing BHS litigation.

A High Court decision in the context of insolvency proceedings in August last year has provided guidance for practitioners as to how best to address potential pleading deficiencies and the ensuing skirmishes.

Mr Justice Edwin Johnson’s judgment in Chandler v Wright [2022] EWHC 2205 (Ch), [2022] All ER (D) 06 (Sept) has also reaffirmed the essential elements of claims under ss 212 and 214 of the Insolvency Act 1986 (IA 1986) and sent a strong message that judges will expect such claims to be pleaded with the same rigour that is expected in other areas of the Business and Property Courts.

The issue arose in the high-profile

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of litigation and dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
back-to-top-scroll