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Sealy & Milman: Annotated Guide to the Insolvency Legislation 2021

Sealy & Milman: Annotated Guide to the Insolvency Legislation 2021
24th Edition, Volume 2
Practice Area:  Insolvency
ISBN:  9780414088504
Published by:  Sweet & Maxwell
Publication Date:  19 May 2021
Subscription Information:  Non-Subscribable Product
Format:  Paperback
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Sealy and Milman: Annotated Guide to the Insolvency Legislation is viewed as the definitive guide to insolvency law. Now in its 24th edition, this annual guide offers practitioners annotated commentary and clarification on the legal and practical implications of the latest insolvency legislation, whether in Acts of Parliament, Statutory Instruments, or relevant Practice Directions, and on the relevant case law.
Key Features
  • Provides clear, annotated commentary and clarification on the legal and practical implications of current insolvency legislation
  • Incorporates sources of both corporate and personal insolvency law
  • Reproduces additional statutes and regulations so that all the information needed is in one reliable source
  • Volume 1 contains in-depth explanations on the main core legislation, including the Insolvency Act 1986 and the Insolvency (England and Wales) Rules 2016 as amended
  • Volume 2 features the Company Directors Disqualification Act 1986, key parts of the Companies Act 2006 (including the new Part 26A) and the post Brexit version of the EU Regulation on Insolvency Proceedings 2015/848 and the Cross-Border Insolvency Regulations 2006. In sum this volume includes the text, in whole or part, of 28 Acts, over 58 Statutory Instruments and a number of practice directions

Selected key changes in the 24th Edition

In addition to all key changes since the last edition, the 24th edition now includes:
  • The new moratorium for companies introduced by the Corporate Insolvency and Governance Act 2020 (CIGA) and replacing the CVA moratorium
  • Contains a description of the new Debt Respite Scheme (Breathing Space moratorium) for individuals in force from 4 May 2021
  • Gives context on the new ‘restructuring plan’ – an enhanced scheme of arrangement – introduced by the Corporate Insolvency and Governance Act 2020
  • Amends the annotations and text to the Insolvency Act 1986 to reflect changes made by CIGA, and provides the text of self-standing CIGA provisions where relevant
  • Explains the position of the European Insolvency Regulation after Brexit
  • Covers the return of Crown preferential debt under the Finance Act 2020.
  • All the relevant new Practice Directions are reproduced
  • Updated introduction to the Scottish rules, written by leading Scottish insolvency academic Donna McKenzie-Skene.

Key cases considered in this edition:
  • Bresco Electrical Services Ltd v Michael J Lonsdale (Electrical) Ltd [2020] UKSC 25
  • Re Nektan (Gibraltar) Ltd [2020] EWHC 65 (Ch)
  • Ezair v Conn [2020] EWCA Civ 687
  • Re Debenhams (Retail) Ltd [2020] EWCA Civ 600
  • Re A.R.G. (Mansfield) Ltd [2020] EWHC 1133 (Ch)
  • Re Akkurate Ltd [2020] EWHC 1433 (Ch)

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CONTENTS

Volume 1:
  • Insolvency Act 1986 (as amended)
  • Insolvency Rules 2016 (as amended)
Volume 2
  • Company Directors Disqualification Act 1986
  • EU Regulation on Insolvency Proceedings 2015
  • Cross-Border Insolvency Regulations 2006
  • 85 other Acts or Regulations in whole or in part
  • Appendices in volume 2
    • I Companies House Information
    • II Forms
    • III List of Statements of Insolvency Practice (SIPs)
    • IV Practice Direction: Insolvency Proceedings [2020} B.C.C. 698
    • V Insolvency Practice Direction Relating to the Corporate Insolvency and Governance Act 2020 [2020] B.C.C. 694
    • VI Practice Statement (Companies: Schemes of Arrangement under Part 26 and Part 26A of the Companies Act 2006) [2020] B.C.C. 691
    • VII Temporary Practice Direction (No.2) Supporting the Insolvency Practice Direction [2020] B.C.C. 844
    • VIII Practice Direction: Order under section 127 Insolvency Act 1986 [2007] B.C.C. 839
    • IX Practice Direction: Directors Disqualification Proceedings [2015] B.C.C. 224
    • X Practice Direction 51P—Pilot For Insolvency Express Trials

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