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
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
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
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.
News from Gateley
News from The Lawyer
Briefings from Gateley
How to resolve a dividends block created by losses made over a number of years.
New rules proposed for brownfield sites to boost affordable housing initiatives.
Analysis from The Lawyer
The Law Society recently published guidance to assist solicitors draw up Shariah-compliant wills, causing outrage in some quarters. Gateley’s Haroon Rashid explains the facts.