Jump to ContentJump to Main Navigation

You are looking at 1-9 of 9 items

  • Keywords: transaction avoidance x
Clear All Modify Search

View:

The Avoidance of Transactions in Insolvency Proceedings and Restitutionary Defences

Roy Goode

in Mapping the Law: Essays in Memory of Peter Birks

Published in print:
2006
Published Online:
January 2009
ISBN:
9780199206551
eISBN:
9780191705397
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199206551.003.0017
Subject:
Law, Human Rights and Immigration, Philosophy of Law

This chapter examines the extent to which it is helpful to analyse the statutory provisions on the avoidance of transactions in insolvency proceedings as reversing an unjust enrichment. It argues ... More


Adjusting Transactions Involving Distressed Companies

RIZWAAN JAMEEL MOKAL

in Corporate Insolvency Law: Theory and Application

Published in print:
2005
Published Online:
January 2010
ISBN:
9780199264872
eISBN:
9780191718397
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199264872.003.0009
Subject:
Law, Company and Commercial Law

This chapter analyses the rationale and structure of the provisions which reverse or adjust eve-of-insolvency transactions considered to have been tainted by the improper motives of either the ... More


Cross-Border Transaction Avoidance

Rebecca Parry

in Transaction Avoidance in Insolvencies

Published in print:
2018
Published Online:
March 2021
ISBN:
9780198793403
eISBN:
9780191927836
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198793403.003.0026
Subject:
Law, Company and Commercial Law

Significant differences in format and underlying policies may be noted in transaction avoidance provisions worldwide; indeed varying avoidance provisions are only one aspect of the lack of ... More


Avoidance Powers Under The Companies Act 2006

Rebecca Parry and Sharif Shivji

in Transaction Avoidance in Insolvencies

Published in print:
2018
Published Online:
March 2021
ISBN:
9780198793403
eISBN:
9780191927836
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198793403.003.0022
Subject:
Law, Company and Commercial Law

As an alternative, or in addition, to the avoidance provisions available under the Insolvency Act 1986 a transaction may, in an appropriate case, be challenged under provisions of the Companies Act ... More


Post-Petition Dispositions (Insolvency Act 1986, Sections 127 and 284)

Rebecca Parry and Sharif Shivji

in Title Pages

Published in print:
2018
Published Online:
March 2021
ISBN:
9780198793403
eISBN:
9780191927836
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198793403.003.0005
Subject:
Law, Company and Commercial Law

The timing of a transaction is fundamental to many of the avoidance provisions: none more so than sections 127 and 284, which operate in the period following, respectively, the presentation of a ... More


The Pari Passu Principle and its Relationship with Other Methods of Insolvency Distribution

RIZWAAN JAMEEL MOKAL

in Corporate Insolvency Law: Theory and Application

Published in print:
2005
Published Online:
January 2010
ISBN:
9780199264872
eISBN:
9780191718397
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199264872.003.0004
Subject:
Law, Company and Commercial Law

This chapter delves into the nature of the pari passu principle, which supposedly requires all unsecured claims of an insolvent company to be met proportionately from the insolvent's estate. It ... More


The Meaning of Insolvency

Hamish Anderson

in The Framework of Corporate Insolvency Law

Published in print:
2017
Published Online:
March 2021
ISBN:
9780198805311
eISBN:
9780191927942
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198805311.003.0004
Subject:
Law, Company and Commercial Law

Insolvency proceedings relate to insolvent companies. Insolvency is therefore a central concept and the law requires a test of insolvency which can be used to determine whether a company is ... More


Office-Holders

Hamish Anderson

in The Framework of Corporate Insolvency Law

Published in print:
2017
Published Online:
March 2021
ISBN:
9780198805311
eISBN:
9780191927942
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198805311.003.0011
Subject:
Law, Company and Commercial Law

At one level the title ‘office-holder’ is merely a convenient way generically to refer to the person (liquidator, administrator, or supervisor) who has the conduct of the insolvency proceeding in ... More


Jurisdiction of the Court

Hamish Anderson

in The Framework of Corporate Insolvency Law

Published in print:
2017
Published Online:
March 2021
ISBN:
9780198805311
eISBN:
9780191927942
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198805311.003.0012
Subject:
Law, Company and Commercial Law

The ‘court’, for the purposes of the Act and Rules, means the court with jurisdiction to wind up a company. The High Court has jurisdiction to wind up any company registered in England and Wales. ... More


View: