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SRA Competency B

Introduction

From the significant legislative changes in the personal insolvency landscape through to difficult issues in relation to the interfaces between insolvency law and both employment law and property litigation, this popular annual conference, chaired by Stephen Allinson, Chairman of the Insolvency Service covers a wide range of topical and essential issues with which the busy practitioner needs to keep fully up to date.

Conference Agenda

This conference will cover the following topics:

9.30am - 10.15am: Personal Insolvency Update

Stephen Allinson

2017 has seen not only very significant legislative change in the personal insolvency landscape, but also some significant case law developments in this sphere. This session will look at both law and practice and bring you fully up to date in all respects whether you act for insolvent individuals; their creditors or the Insolvency Practitioner.

The emphasis will very much be on how the developments impact on your day to day practice.

Topics to be covered will include:

  • The state of the personal insolvency market in 2017 and where it could go
  • The impact of the 2016 Insolvency Rules in the personal insolvency arena
  • The top six personal insolvency cases from the last 12 months and what they could mean for you in practice
  • It's not only the rules that have changed; an analysis of other legislative changes
  • More changes on the horizon - some 2018 crystal ball gazing

10.15am - 11.00am: Replacing the Insolvency Practitioner

Rachel McCahill, Nelsons

There are circumstances where it may be is appropriate to replace the encumbent insolvency practitioner.

This session will cover:

  • How do you replace an encumbent office holder?
  • What powers does the Court have?
  • What should the incoming office holder consider?
  • What claims should the office holder be aware of?

11.15am - 12.00pm: Insolvency and Property Litigation

Katie Farmer, Ashfords

Office holders deal with a range of property matters in the insolvency of companies and individuals, which can sometimes be affected by orders made prior to insolvency in other types of litigation. Additionally, third parties often seek to bring or continue a claim in relation to property against a person or company which is insolvent.

This session will cover:

  • Moratoria and stays in insolvency proceedings
  • A landlord's remedies and options where its tenant is insolvent
  • Property dealings in matrimonial proceedings and impact on bankruptcy
  • Realising main or principal residences - exceptional circumstances, equitable accounting and other pitfalls
  • Incomplete executions by creditors
  • Claims against and security in favour of dissolved companies

12.00pm - 12.45pm: Insolvency Litigation Funding

Maurice Power, Ferguson Litigation Funding Ltd

The removal of the exemption from the Jackson Reforms within the LASPO Act has had an impact on the way that insolvency litigation is pursued and, more importantly, funded. With solicitors less likely to work on a full CFA and any ATE premium being unrecoverable from the defendant, how does an IP pursue a meritorious claim through the Courts when there are no funds in the estate?

This session will address the following topics:

  • Recent case law update
  • Preparing an application for insolvency litigation funding
  • Sourcing ATE
  • Litigation funding misconceptions
  • Future developments

12.45pm - 1.00pm: Questions on Morning Session

2.00pm - 2.50pm: Employment Law & Insolvency Litigation

Rachel McCahill, Nelsons

This session will cover the complex relationship between insolvency and employment law and examine the key topical issues including:

  • The effect on employment of liquidation and administration
  • The obligation to consult in an insolvency sale scenario
  • What if the office holder wants to make redundancies
  • What obligations do the directors have?
  • How do you deal with employment claims that are issued as an office holder?

2:50pm - 3:40pm: Corporate Insolvency Update

Stephen Allinson, Solicitor

Many professionals feel that 2017 has been a watershed year for those who practice in the corporate recovery world. We have seen new rules, new legislation and new challenges.

This session will bring you fully up to date with the most recent law and practice and equip you to deal with the relevant issues for whichever party you represent in this arena.

Topics to be covered will include:

  • The state of the corporate insolvency and rescue market in 2017 and what trends can we glean?
  • The 2016 Rules - what are the bullet points you really need to know as an insolvency litigator
  • The top six corporate insolvency cases from the last 12 months and what they could mean for you
  • Acting for or against directors - time to get tougher?
  • Looking ahead to 2018 and beyond - maybe a little bit of the Brexit debate!

3.55pm - 4.45pm: Workshop Session - Putting it into Practice

Katie Farmer, Ashfords

A practical workshop session focusing on the issues covered during the course of the day and allowing delegates to discuss and consider the practical implications arising from them.

4.45pm - Close: Questions & Answers

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Conference | 05.12.2017

London | 9:30am - 5:15pm


Insolvency Litigation - 2017 Annual Conference

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Dec
5
2017
London
9:30am - 5:15pm
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£250
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£375
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£500
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Discounts are available for multiple conference places. Please telephone 0161 793 0984 or information@mblseminars.com for details.
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