QUISTCLOSE TRUSTS FROM A CORPORATE INSOLVENCY PERSPECTIVE: A POSITIVE AND NORMATIVE ANALYSIS | The Cambridge Law Journal

I. Introduction Leading cases show Quistclose trusts being used by companies nearing insolvency.Footnote 1 Their use in this context raises serious normative problems: allowing a lender or, in a Re Kayford trust, a purchaser, to make itself a beneficiary may prefer that lender or purchaser to the borrower’s other creditors. Use of funds subject to…

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Resorthoppa went into liquidation owing…

Airport transfer business Resorthoppa went into administration this month owing £8.25 million, according to administrators. A statement of proposals by joint administrators James Saunders and Michael Lennon of KR8 Advisory confirmed the extent of the failure and warned funds are unlikely to be realised to pay preferential creditors or the full costs of administration, let…

Ghana ranks high in labour, utility services, business insolvency  – WB Report 2024

 Ghana performed creditably in areas such as labour, utility services and business insolvency in 2024, the latest World Bank Group Business Ready Report 2024 has revealed. The flagship report of the World Bank Group and the International Finance Corpora­tion (IFC) said the country implemented good practices in its labour dispute resolution mech­anisms, transparent information (connection,…

Reform eyed to tighten rules around debt avoidance

Photo: 123RF Proposed reform to the Companies Act is a step in the right direction to prevent companies from illegal phoenixing but more needs to be done, advocates and lawyers say. Employment law advocate May Moncur said several clients had yet to receive compensation following a ruling in their favour by the Employment Relations Authority…