Schaw Miller & Bailey: Personal Insolvency: Law and Practice, 5th edition


By: David Mohyuddin, James Couser, Michael Smith, Emma Knight, Simon Hunter, Richard Bowles
ISBN13: 9781405750806
Published: November 2017
Country of Publication: UK
Format: Hardback

Category: Product ID: 9800


This edition offers a full treatment of the law and procedure of bankruptcy and personal insolvency. This popular title offers authoritative and practical guidance on everything lawyers or insolvency practitioners practicing in the field are likely to need in their day-to-day work.

The sixth edition has been fully updated to cover recent developments and case law, including the relevant changes brought about by Brexit and the COVID-19 pandemic.

What’s new:

  • The new Breathing Space and Mental Health Crisis Moratorium
  • The return of Crown preference debts. Following the removal of Crown preference in 2003, some revenue liabilities are now, once again, preferential in insolvencies
  • The Recast Practice Direction in Insolvency Proceedings. The new PDIP is extensively different from its predecessor

A large number of new cases. Significant examples include:

  • Bell v Ide
  • Re Nimat Foods Ltd and Re Rochay Productions Ltd
  • Re Munikwa on modifications to IVAs
  • Yang v Official Receiver on the different circumstances in which it is appropriate to rescind or annul a bankruptcy order
  • Yang v Official Receiver
  • Ardawa v Uppal
  • Barker v Baxendale-Walker
  • Leopard v Robinson on the trustee in the bankruptcy continuing a bankrupt’s business
  • Re Mascall
  • Lehman Brothers Australia Ltd (in liquidation) v MacNamara on the basis of the rule in ex parte James;
  • JSC BTA Bank v Ablyazov on the relevant test for whether a transaction was a transaction defrauding creditors
  • Manolete Partners plc v Hayward & Barrett Holdings
  • Bundeszentralamt für Steuern v Heis
  • Bresco Electrical Services Ltd (in liquidation) v Michael J Lonsdale (Electrical) Ltd, a consideration by the Supreme Court of insolvency set off


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