Testing times for insolvency

The Court of Appeal has recently considered the Eurosail test for insolvency and whether an appeal court can evaluate the facts afresh where an incorrect test for insolvency has been applied by a lower court.

The court’s ruling is to be welcomed for several reasons.

The court confirmed that if a lower court has applied an incorrect test for solvency, on appeal a judge is able to apply the correct test and not refer the case back to the lower court for another hearing. This approach avoids the inevitable cost consequences of additional hearings…

Click on the link below to read the rest of the Gateley briefing.

Sign in or Register to continue reading this article

Sign in


It's quick, easy and free!

It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.

Register now

Why register to The Lawyer


Industry insight

In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.


Market intelligence

Identify the major players and business opportunities within a particular region through our series of free, special reports.


Email newsletters

Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.

More relevant to you

To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.

Briefings from Gateley Plc

View more briefings from Gateley Plc

Analysis from The Lawyer

View more analysis from The Lawyer


111 Edmund Street
B3 2HJ

Turnover (£m): 71.70
No. of lawyers: 406