Buying and Selling Insolvent Companies and Businesses is a practical legal guide to the sale and purchase of insolvent companies and businesses. It aims to be a comprehensive guide to its readers, being useful to insolvency practitioners and other professionals involved in insolvency, including lawyers, accountants, company directors and company secretaries. It is also of use to potential investors and their advisers as well as being of interest to students who may wish to specialise in insolvency.
Updated to include:
Further consultation on pre-pack administrations resulting in a government statement;
Further decision from the ECJ on where the Centre of Main Interests of a company is, which impacts on whether administration in the UK is available and COMI shifting;
New competition law guidance on mergers and proposed changes to UK merger law when the OFT and Competition Commission merge;
A raft of new cases on how directors appoint administrators;
Goodwill IP rights and data protection – coverage of the new proposed data protection directive and new case law relevant to mergers;
New Court of Appeal authority on employees and clarity as to when TUPE will apply on a business sale by administrators;
New Employment Tribunal authority on employee claims for failure to consult before dismissal;
New Court of Appeal authority on the status of claims by The Pensions Regulator;
Further developments in the treatment of landlords on a restructuring;
New case law on landlords’ claims as an expense of administration;
Distressed sales are getting more frequent and sector focused, such as retail, care homes, professional services and there are likely to be further developments.
Previous ISBN: 9781847665423