Butterworths Complete Insolvency Practice Back to Pinkie pages
Introduction to the service

Welcome to Butterworths Complete Insolvency Practice, the new CD package that draws together a comprehensive collection of materials for the insolvency practitioner. Forms and precedents, cases, legislation, commentaries and supporting information are all included, and live hypertext links enable you to move freely between the materials.

The following is merely a summary of the information provided on the CD: for detailed information open the ‘books’ on the desktop and view the contents trees.

Narrative

This ‘book’ contains the full narrative of relevant volumes of Butterworths Encyclopaedia of Forms and Precedents and Atkins Court Forms. Throughout the narratives there are effective links to the accompanying forms, legislation and cases.

Forms and Precedents

An unrivalled collection of insolvency forms and precedents has been compiled, enabling both contentious and non-contentious documents to be easily located.

Legislation

All relevant statutes and SIs are provided, including the complex Insolvency Act and Insolvency Rules, fully annotated and updated six times a year.

Cases

Over 1,500 full text insolvency and bankruptcy cases have been selected from the prestigious All England Law Reports and Company Law Cases series. Relevant unreported cases are also provided as transcripts.

Costs and Fees

Both High Court and County Court costs and fees are set out in a brief, easy to use table. The new Civil Court Costs and Fees will be included in the next update to this CD (July).

Key to the Service

This unique feature allows you to view a step-by-step guide to insolvency and bankruptcy procedures and provides an instantaneous route to the forms or legislation associated with that procedure. The fast hypertext links enable you to move swiftly between the various materials.

Noticeboard

The Noticeboard will keep you informed of all the latest changes to Butterworths Complete Insolvency Practice and will list the most important developments which have occurred since the previous update.

Searching

There are several features on the Butterworths Complete Insolvency Practice CD which guarantee fast, effective searching. As well as the free-text search facility, the provision of live hypertext links throughout the CD enable you to move freely around the Service and to view the primary source material in seconds. The ‘Key to the Service’ provides a step-by-step guide to all insolvency procedures and in addition provides references to all the relevant precedents, forms, legislation and narrative reading. Click on these references and the information will be brought to your screen – instantly.

Updating

The Service will be updated six times a year, to bring you the latest developments and legislative change.

User Information

For assistance in using this product, please refer to the User Guide provided. Further assistance is also available via our HELPLINE on 01932 334800.

Your comments and views

If you have any comments or suggestions as to how to improve the content or functionality of this product please write to Sarah Jones, Publishing Manager, Butterworth & Co, Halsbury House, 35 Chancery Lane, London WC2A 1EL. E-mail: sarah.jones@butterworths.co.uk Tel: 0171 400 2700

May 1999 Update

Introduction

Welcome to the May Update of Butterworths Complete Insolvency Practice.

Legislation

The following material has been updated to take account of recent legislative amendments:

Insurance Companies Act 1982

Companies Act 1985

Insolvency Act 1986

Banking Act 1987

Criminal Justice Act 1988

Companies Act 1989

Environmental Protection Act 1990

Railways Act 1993

Pension Schemes Act 1993

Coal Industry Act 1994

Pensions Act 1995

Insolvency Rules 1986, SI 1986/1925

 

Cases

The following reported cases are now included:

 

Re Barings plc (No 3) Secretary of State for Trade and Industry v Baker [1999] 1 All ER 1017 in which Sir Richard Scott V-C considered the granting of leave of a person subject to a disqualification order to act as a director under the CDDA 1986, s 17, balancing the protection of the public from the conduct that led to disqualification with the need that the applicant should be able to act as director of a particular company.

Re Bayoil SA, Seawind Tankers Corpn v Bayoil SA [1999] 1 BCLC 62 in which the Court of Appeal held that authority did exist in cross-claim cases and that a petition for a winding-up order should not be allowed where there existed a genuine cross-claim.

Re Philip Alexander Securities & Futures Ltd (in administration) [1999] 1 BCLC 124. Neuberger J was asked to consider the validity of proxies.

Sea Voyager Maritime Inc v Bielecki [1999] 1 BCLC 133 in which the issue was whether an application under s 262 of the Insolvency Act 1986 for an order that approval of a voluntary arrangement should be revoked on the ground that the interests of a creditor had been unfairly prejudiced.

Other recent cases which can now be found in this book include:

Re Wilmot Trading Company Ltd, Henry (liquidator) v Environment Agency (31 March 1999) WINDING UP

Raja v Rubin (19 March 1999) COMPANY VOLUNTARY ARRANGEMENT

Phillips (liquidator of AJ Bekhor & Co) v Brewin Dolphin Bell Lawrie Ltd (17 March 1999) TRANSACTION AT UNDERVALUE

Re Andrews (25 February 1999) RECEIVERSHIP

Official Receiver v Brunt: Re Minotaur Data Systems (2 March 1999) DIRECTOR DISQUALIFICATION

Empire Resolution Ltd v MPW Insurance Brokers Ltd (23 February 1999) ASSIGNMENT OF CAUSE OF ACTION

De Rothschild v Bell (a bankrupt) (18 February 1999) LANDLORD AND TENANT—BANKRUPT’S ESTATE

Secretary of State for Trade and Industry v Bottrill (12 February 1999) EMPLOYMENT

Rooney (as Trustee in Bankruptcy of the Estate of Cardona) v Cardona (9 February 1999) BANKRUPTCY

Askin v ABSA Bank Ltd (29 January 1999) STAY OF PROCEEDINGS—JURISDICTION

Re Branston v Gothard Ltd, Hill v Phillips (22 January 1999) UNLAWFUL DISPOSITION

Re Westmid Packing Services Ltd, Secretary of State for Trade and Industry v Griffiths [1998] 2 All ER 124

Stop Press

  • The Insolvency (Amendment) (No 2) Rules 1999 have been published and are now in force (as of April 1999). They amend the Insolvency Rules, in so far as to bring any references to the Rules of the Supreme Court 1965 and the County Court Rules 1981 into line with the provisions of the Civil Procedure Rules 1999, on a section-by section basis.
  • Detailed amendment is also made to those rules which use language in relation to insolvency proceedings that is no longer to be used under the new Civil Procedure Rules. For example, references to ‘plaintiff’ and ‘inter partes’ are to be read ‘claimant’ and ‘hearing without notice being given to any other party’ respectively.
  • The amending Rules also permit, inter alia, the use of witness statements verified by statements of truth in a number of situations where affidavit evidence was previously obligatory.
  • A Practice Direction has also been issued by the Lord Chancellor’s Department.
  • The amendments to the Insolvency Rules and the new Practice Direction will be available on your next update (July).

 

User Information

For assistance in using this product, please refer to the User Guide provided. Further assistance is also available via our HELPLINE on 01932 334800.

Your comments and views

If you have any comments or suggestions as to how to improve the content or functionality of this product please write to Sarah Jones, Publishing Manager, Butterworth & Co, Halsbury House, 35 Chancery Lane, London WC2A 1EL. E-mail: sarah.jones@butterworths.co.uk Tel: 0171 400 2700.

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