Carolyn Jones

This Practice Note, produced in partnership with Carolyn Jones, consultant, provides a brief summary of insolvency in the retail sector and highlights some of the key legal and practical issues facing office-holders appointed over an insolvent retail business. It also identifies some of the main stakeholders and explores the positions they may adopt, as well as considering some of the most relevant case law applicable to retail insolvency.

This Practice Note, produced in partnership with Carolyn Jones, consultant, details the situation where a secured creditor wishes to appoint a fixed charge receiver but is prevented from doing so due to the moratorium on enforcement of security that arises on the administration of the debtor company. The Practice Note explains how the secured creditor may successfully apply to lift the moratorium.

This Practice Note, produced in partnership with Carolyn Jones, consultant, details the situation where a landlord may wish forfeit a lease but is prevented from doing so due to the moratorium on forfeiture that arises on an administration of the tenant company. The Practice Note explains how the landlord may successfully apply to lift the moratorium.

This Practice Note, produced in partnership with Carolyn Jones, consultant, looks at the ability of a liquidator to disclaim a contract containing overage provisions. It provides a brief summary of what overage is, the disclaimer of onerous property by a liquidator and whether overage can be considered ‘onerous property’ so that it is something that a liquidator can disclaim.

This Practice Note, produced in partnership with Carolyn Jones, consultant, gives guidance on the key considerations for administrators in relation to their personal liability and considers the steps that may be taken to minimise their exposure.