8. Partnerships and Insolvency

2015 ◽  
Author(s):  
Geoffrey Morse
Keyword(s):  
English Law ◽  
The Individual ◽  
Insolvency Proceedings

This chapter considers the insolvency of a partnership. It analyses the Insolvency Act 1986 which contains the provisions that deal with the variations of insolvency, and the amendments to the Act throughout the years. Under English law, it is possible to have a bankrupt partner or partners with or without an insolvent partnership and to have an insolvent partnership with or without a bankrupt partner or partners. Taking this into consideration, the chapter distinguishes between partnership creditors (those whose debts are against the firm) and the separate private creditors of the individual partners, and between the assets of the firm and those of the partners or partnership property. It also defines the roles of the joint creditors, separate creditors, the joint estate, and the separate estates involved in insolvency proceedings.

Corporations

2019 ◽  
pp. 334-352
Author(s):  
Adrian Briggs
Keyword(s):  
United Kingdom ◽  
International Law ◽  
Private International Law ◽  
The United Kingdom ◽  
Insolvency Regulation ◽  
Principal Effect ◽  
European Regulations ◽  
English Law ◽  
Insolvency Proceedings

This chapter discusses the private international law of insolvency and bankruptcy. Prior to Exit Day, the private international law of insolvency and bankruptcy was covered in part by two European Regulations: the Insolvency Regulation 1346/2000, and the recast Insolvency Regulation 2015/848. According to the Insolvency (Amendment) (EU Exit) Regulations 2019, SI 2019 No 146, a fragment of Regulation 2015/848 is retained as English law, but otherwise it is not retained as English law. The principal effect of this is that the court will continue to have jurisdiction to open insolvency proceedings when the debtor’s centre of main interests is in the United Kingdom. Otherwise Part 1 of the Schedule to SI 2019 No 146 provides that the recast Insolvency Regulation shall not have effect in the United Kingdom. Consequential amendment is made to secondary legislation. Transitional provisions are made to provide for the continued application of the Regulations after Exit Day in the case of insolvency proceedings opened before Exit Day.

17. Remedies and limitation

2018 ◽  
Author(s):  
Vera Bermingham ◽  
Carol Brennan
Keyword(s):  
Human Rights ◽  
Private Information ◽  
Committee Report ◽  
History Of ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
English Law ◽  
Developing Area ◽  
The Individual ◽  
The Right

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. The Calcutt Committee Report on Privacy and Related Matters (1990) defines privacy as ‘the right of the individual to be protected against intrusion into his personal life or affairs, or those of his family, by direct physical means or by publication of information’. While a number of different torts indirectly address wrongful intrusion into another’s privacy, English law has not directly protected privacy in its own right. It was the Human Rights Act 1998 that has made it possible to use breach of confidence in regulating the publication of private information. This chapter looks at the history of the protection of privacy in English law, discusses the current legal approaches to privacy, examines the impact of the Human Rights Act 1998 on this developing area of law, and evaluates English law on privacy in an international context.

scholarly journals HISTORY, LAW AND FREEDOM: F. W. MAITLAND IN CONTEXT

2017 ◽  
Vol 16 (1) ◽  
pp. 127-154
Author(s):  
JAMES KIRBY
Keyword(s):  
Crucial Role ◽  
Intellectual Development ◽  
The State ◽  
Political Pluralism ◽  
Historical Scholarship ◽  
Parliamentary Sovereignty ◽  
History Of ◽  
English Law ◽  
Political Essays ◽  
The Individual

This article considers the intellectual development of the historian and jurist F. W. Maitland (1850–1906). Its focus is the development of his ideas about the importance of intermediate groups between the individual and the state. Maitland expounded these ideas in a dazzling series of late essays which became the wellspring of the tradition known as “political pluralism.” Yet, as this article shows, the same ideas also played a crucial role in Maitland's great works of legal and historical scholarship, including The History of English Law. If this is appreciated, then the liberal, Germanist and constitutionalist basis of Maitland's thought becomes clear. So too does Maitland's position as a “new” liberal thinker, committed to freedom and constitutionalism, but critical of individualism and parliamentary sovereignty. In short, it is only if Maitland's political essays are read alongside his works of history and law that either can really be understood.

Part II United Kingdom, 10 The English Law Treatment of Lehman’s Derivatives Positions

2017 ◽  
Author(s):  
Firth Simon
Keyword(s):  
United Kingdom ◽  
Case Law ◽  
Vantage Point ◽  
Considerable Importance ◽  
Lehman Brothers ◽  
Market Turbulence ◽  
English Law ◽  
Standard Documentation ◽  
Insolvency Proceedings

The Lehman Brothers’ insolvencies were not the first to have been experienced in the derivatives market but the size of the outstanding positions was unprecedented. Moreover, the collapse of the group triggered a period of extreme market turbulence, in which the liquidity of many products dried up and their values collapsed. This was the background against which counterparties sought to close out their positions and extricate themselves from their relationships with various members of the group. The work involved in agreeing the resulting claims has been very complicated and has taken a great deal of time, often as a result of debates about the interpretation of standard agreements. The judgments that have been given are of considerable importance to the derivatives market as they have helped to clarify the meaning of standard documentation that remains in widespread use. From a vantage point of some eight years later, this chapter draws some conclusions about the operation of this documentation and presents a critique of the case law that has emerged from the insolvency proceedings.

The Individual Rights of Creditors in the Institutional Proceedings and its Influence on the Institutional Mass and the Creditors ‘Assembly

De Jure ◽  
2019 ◽  
Vol 10 (1) ◽  
Author(s):  
Natalia Andreev ◽  
Keyword(s):  
Production Management ◽  
Individual Rights ◽  
Significant Volume ◽  
The Individual ◽  
Insolvency Proceedings ◽  
The Impact

The publication examines the importance of individual creditors’ rights in insolvency proceedings, which are available to creditors after the opening of insolvency proceedings. The formation of a collective body, the management of the proceedings and the bankruptcy mass, such as the creditors’ meeting, does not put an end to the rights of the individual creditor. The impact of these individual rights is an issue affecting the mechanisms of production management and its completion, which is why it is of interest to all existing insolvency lawyers. Due to the significant volume of individual strikes and their impact on production and bankruptcy, the article only addresses some of them.

GROUNDS FOR INITIATING INDIVIDUAL INSOLVENCY PROCEEDINGS UNDER THE LEGISLATION OF UKRAINE AND GERMANY

2018 ◽  
Author(s):  
Rodion Poliakov ◽  
Keyword(s):  
Positive Impact ◽  
German Law ◽  
Legal Regulation ◽  
Unsuccessful Attempt ◽  
Judicial Practice ◽  
The Status ◽  
Bankruptcy Code ◽  
The Individual ◽  
Insolvency Proceedings ◽  
Qualitative Characteristics

The article examines the grounds for initiating individual insolvency proceedings, which are regulated by Ukrainian and German law, as well as current positions of judicial practice in this area. Proposals are made to improve the provisions of the Bankruptcy Code of Ukraine and the Law of Ukraine «On Judicial Fees», which will have a positive impact on the legal regulation of insolvency of individuals and law enforcement practice in this area. It is established that in Ukraine the legislator uses not only the principle of insolvency or threat of insolvency to open an insolvency of a citizen, as is the case with a legal entity, but also payment inability. The author notes that using the principle of insolvency, the Ukrainian legislator in one case indicates the minimum amount of debt, and in another sets only the terms of suspension of payments and the minimum percentage of arrears, and in determining the threat of insolvency and payment inability does not provide any quantitative and qualitative characteristics. It is suggested that debtors must have the property in necessary amount to cover court costs when initiating insolvency proceedings. It is proposed to establish a court fee for filing an application for insolvency proceedings, differentiating its size depending on whether the individual debtor has the status of an individual-entrepreneur. It is noted that under German law, the procedure of insolvency of individuals may be opened at the request of both the debtor and the creditor. It is established that the opening of individual insolvency proceedings in Germany is possible only if there are additional grounds, such as: unsuccessful attempt of pre-trial settlement of debt within six months before the filing of the application for initiation of proceedings; availability of a certificate issued by a special entity and certifying a failed attempt of a pre-trial settlement; submission of an application for discharge from residual debt or an application for refusal of such discharge.

The Creation of a “True Antient and Indubitable” Right: The English Bill of Rights and the Right to Be Armed

1993 ◽  
Vol 32 (3) ◽  
pp. 226-249 ◽  
Author(s):  
Joyce Lee Malcolm
Keyword(s):  
New Right ◽  
Bill Of Rights ◽  
The People ◽  
Conservative Revolution ◽  
Single Flower ◽  
The Creation ◽  
English Law ◽  
The Individual ◽  
The Right ◽  
The Relationship

The seventh of the thirteen “ancient and indubitable” rights proclaimed in the English Declaration of Rights was neither ancient nor indubitable. It declared “that the Subjects which are Protestants may have Arms for their Defence suitable to their conditions, and as allowed by Law.” The right of ordinary subjects to possess weapons is perhaps the most extraordinary and least understood of English liberties. It lies at the heart of the relationship between the individual and his fellows and between the individual and his government. Few governments have ever been prepared to make such a guarantee, and, until 1689, no English parliamentary body was either. Its elevation that year to the company of ancient and indubitable rights unmasked the deep-seated distrust between the governing classes and the crown. Together with the equally novel article that gave Parliament greater control over standing armies, this right was meant to place the sword in the hands of Protestant Englishmen and the power over it in the hands of Parliament.The actual novelty of this right had eluded historians for a variety of reasons. First, its framers were taken at their word when they described it as ancient and indubitable. Indeed, Whig historians preferred to believe there had been a conservative revolution. Thomas Macaulay rejoiced that “not a single flower of the crown was touched. Not a single new right was given to the people. The whole English law, substantive and adjective, was, in the judgment of all the greatest lawyers … almost exactly the same after the Revolution as before it.

scholarly journals Arbitrability and Public Interest in International Commercial Arbitration

2017 ◽  
Vol 17 (2) ◽  
pp. 55-71
Author(s):  
Klára Drličková
Keyword(s):  
Law Enforcement ◽  
Intellectual Property Rights ◽  
Public Interest ◽  
Economic Activities ◽  
Commercial Arbitration ◽  
Common Trend ◽  
Competition Rules ◽  
Definition Of ◽  
The Individual ◽  
Insolvency Proceedings

Summary The aim of this article is to analyse the mutual relationship between arbitrability and public interest. The definition of arbitrability has remained in the domain of national law; there is no internationally unified definition, although a common trend towards the extension of its scope may be observed. There is no doubt about arbitrability in disputes concerning only the individual interests of the parties. However, if the dispute shows elements of public interest, it does not automatically imply that it is not arbitrable. A sign of equation thus cannot be put between public interest and inarbitrability. Disputes arising from economic activities involving public interest can be resolved before the arbitral tribunals. This for instance includes private-law enforcement of competition rules (including EU ones), disputes affected by illegal (criminal) actions, disputes concerning intellectual property rights (in certain countries also with erga omnes effects) or disputes related to insolvency proceedings.

English Corporate Insolvency Proceedings

2017 ◽  
Author(s):  
Hamish Anderson
Keyword(s):  
Optimal Outcome ◽  
Insolvency Proceeding ◽  
Corporate Insolvency ◽  
English Law ◽  
Insolvency Proceedings

There are currently three forms of corporate insolvency proceeding in English law. Liquidation (whether compulsory or voluntary) is a terminal proceeding designed to realize the assets of the debtor company and distribute the realized value amongst creditors according to their respective priorities, following which the company is dissolved. Administration and company voluntary arrangements (CVA) (not mutually exclusive and sometimes used together) are two different forms of proceeding which are primarily designed to preserve going concerns. Although the three procedures are constituted as standalone procedures under the Act, there is considerable room for movement from one procedure into another in order to achieve an optimal outcome for creditors.

16. Privacy and misuse of private information

2020 ◽  
pp. 387-408
Author(s):  
Carol Brennan ◽  
Vera Bermingham
Keyword(s):  
Human Rights ◽  
Private Information ◽  
Committee Report ◽  
History Of ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
English Law ◽  
Developing Area ◽  
The Individual ◽  
The Right

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. The Calcutt Committee Report on Privacy and Related Matters (1990) defined privacy as ‘the right of the individual to be protected against intrusion into his personal life or affairs, or those of his family, by direct physical means or by publication of information’. While a number of different torts indirectly address wrongful intrusion into another’s privacy, English law has not directly protected privacy in its own right. It was the Human Rights Act 1998 that has made it possible to use breach of confidence in regulating the publication of private information. This chapter looks at the history of the protection of privacy in English law, discusses the current legal approaches to privacy, examines the impact of the Human Rights Act 1998 on this developing area of law, and evaluates English law on privacy in an international context.

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