header-logo header-logo

Pleading issues: pick your battles

27 January 2023 / Daniel Lightman KC , Charlotte Beynon
Issue: 8010 / Categories: Features , Commercial , Insolvency
printer mail-detail
107895
Daniel Lightman KC & Charlotte Beynon recommend a rigorous approach when bringing Insolvency Act claims

In brief

  • Covers Chandler v Wright on insolvency claims where there are potential pleading deficiencies.
  • Offers insight into the approach taken by the courts to the pleading of Insolvency Act 1986, ss 214 and 212 claims.
  • Refers to the ongoing BHS litigation.

A High Court decision in the context of insolvency proceedings in August last year has provided guidance for practitioners as to how best to address potential pleading deficiencies and the ensuing skirmishes.

Mr Justice Edwin Johnson’s judgment in Chandler v Wright [2022] EWHC 2205 (Ch), [2022] All ER (D) 06 (Sept) has also reaffirmed the essential elements of claims under ss 212 and 214 of the Insolvency Act 1986 (IA 1986) and sent a strong message that judges will expect such claims to be pleaded with the same rigour that is expected in other areas of the Business and Property Courts.

The issue arose in the high-profile

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
back-to-top-scroll