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JAN
24

“WE’RE ONLY WINDING YOU UP” – A guide to winding up petitions, by Hamilton Li

Lewis Nedas Law’s Commercial and Litigation Department have recently posted an article on insolvency litigation in regards to company voluntary arrangement and creditors’ voluntary liquidation. Due to the current status of the economy and uncertainties from the execution of Brexit, we want to share our knowledge on compulsory liquidation with you; particularly on winding-up petitions.

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101 Hits
DEC
03

Waste Dumping and Environmental Crime

The Primary Regulator dealing with Environmental crime, is the Environment Agency ( EA) currently led by Michael Gove, but local authorities also have a vital role to play with particular emphasis upon fly tipping and illegal waste dumping.

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  156 Hits
156 Hits
AUG
14

Fca shows its prosecution teeth, after many years.

Written by Siobhain Egan, Director (non-exec) 

The FCA  Annual  Report and accounts  201 7/18  makes an interesting read, and two of the subreports – ENFORCEMENT ANNUAL PERFORMANCE REPORT and the ANTI – MONEY LAUNDERING REPORT are especially important.

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  327 Hits
327 Hits
JUL
20

What happens in Insolvency Litigation?

The current global economy's instability means that individuals and organisations have to be aware of insolvency procedures in relation to either their own business or the people that they deal with (including customers, clients and suppliers). Insolvency occurs when a business is no longer able to pay its creditors any debts when they are due. In this situation, the creditors will try to recover what is owed to them by starting court action. This can result in the company being wound up (ending all business affairs) and having its assets liquidated (sold off) to cover its debts. An insolvency practitioner is generally appointed to oversee the whole process. The purpose of insolvency proceedings is to produce the best possible outcome for the creditors that have amounts owing to them. However, there are also some measures that can be taken to protect the directors and shareholders of an insolvent company.

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204 Hits
JUL
20

Grounds for Judicial Review

Judicial Review is where the courts determine whether or not a public authority's decision is lawful. It is a way to challenge how a public organisation carries out their public function and is used to ensure that the public body does not exceed the powers given to it by the law.

Any organisation that exercises a public function can have its decision scrutinised (on application) by Judicial Review by the High Court. Judicial Review is used to assess the actual decision that has been made – focussing solely on the decision-making process. It is only to be enforced as a last resort where all other avenues to resolve any grievances or concerns have been tried. If there is no other option and the organisation is shown to have acted illegally, unreasonably or unfairly, then the court can opt to set aside the decision or make the organisation do something to make up for the error.

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857 Hits

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