Guarantees in Insolvency - Enforcement, Defences & Recent Case Law

Introduction

This new virtual classroom seminar examines the challenges that arise when cross-company and personal guarantees are called following a company's insolvency.

Through analysis of recent case law, the session highlights key enforcement options across different types of guarantee and explores the defences available to guarantors. It also considers how guarantees may be varied or discharged through voluntary arrangements and restructuring plans.

You will gain practical insight into the evolving judicial approach to guarantee claims, helping you navigate complex disputes and advise clients with greater confidence.

The session will also review recent decisions on the court's powers to unwind transactions entered into by guarantors with the intention of defeating creditors, providing valuable guidance on protecting and maximising recoveries.

Register today to ensure you are up to date with the latest case law and equipped to deal effectively with guarantee-related issues arising in insolvency scenarios.

What You Will Learn

This live and interactive session will cover the following:

• When can a creditor pursue bankruptcy proceedings against a director through the enforcement of a personal guarantee?
• The impact of disclaimer on the liabilities of lease guarantors
• Releasing and varying guarantees through voluntary arrangements and restructuring plans
• Recent case law developments, including:
• Jones v City Electrical Factors Ltd
• El-Husseiny and another v Invest Bank PSC
• Dunn v Kazolides
• Kiko UK Ltd v Jamino Ltd (In Liquidation)
• The court's powers to unwind transactions entered into by guarantors designed to prejudice creditors
• Practical implications of the latest decisions for insolvency practitioners and restructuring professionals

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.