Corporate Insolvency Employment And Pension Rights

Author : David Pollard
Publisher : Unknown
Page : 992 pages
File Size : 46,6 Mb
Release : 2021
Category : Bankruptcy
ISBN : 1526515652

Get Book

Corporate Insolvency by David Pollard Pdf

"Bridges the gap between the three distinct disciplines of pensions, employment and corporate insolvency law. Through a mix of legislation, case law, analysis and comment, this well-regarded text gives you all the information you need to answer your clients' questions. It outlines the legal principles applicable where the three regimes interact, with a particular focus on the application of the rules relating to corporate insolvency and how they impact on employees and their pension rights. For example: - How is the position of employees affected by the appointment of an insolvency practitioner over their employing company? - Who is liable, and what priority is given to past or future claims? Updates for the 7th edition include: - Full treatment of CVAs and pensions - Implications of the Court of Appeal decision in Granada/Box Clever about ?association? and about Pensions Regulator powers - Implications of proposed pensions legislation, including new criminal offences - New Crown preferential debts Corporate Insolvency: Employment and Pension Rights is cited in many works focusing on the employment and insolvency fields. If you work as an employment, pensions or corporate insolvency practitioner, you'll find its up-to-date case law and practical analysis an essential aid to your work."--

Author : David Pollard
Publisher : Tolley
Page : 128 pages
File Size : 49,8 Mb
Release : 2000-12
Category : Electronic
ISBN : 1860129315

Get Book

Employment and Pension Rights in Corporate Insolvency by David Pollard Pdf

Author : David Pollard
Publisher : Hyperion Books
Page : 331 pages
File Size : 45,8 Mb
Release : 1994
Category : Bankruptcy
ISBN : 0854597379

Get Book

Tolley's Employment and Pension Rights in Corporate Insolvency by David Pollard Pdf

Author : David Pollard
Publisher : Bloomsbury Publishing
Page : 727 pages
File Size : 53,7 Mb
Release : 2016-12-22
Category : Law
ISBN : 9781784514679

Get Book

Corporate Insolvency: Employment Rights by David Pollard Pdf

Corporate Insolvency: Employment Rights is the only book of its kind to successfully bridge the gap between the two distinct disciplines of employment and corporate insolvency law by drawing out the legal principles applicable where the different legal regimes interact.How this book can help you in your workProviding in-depth analysis and drawing together legislation, case law, analysis and comment Corporate Insolvency: Employment Rights focuses on the application of the rules relating to corporate insolvency and how they impact on employees. It explains the detailed elements of this specialist field of law and practice, providing a useful base on which to answer questions that are likely to arise, for example: How is the position of employees affected by the appointment of an insolvency practitioner over their employing company? Who is liable and what priority is given to past or future claims? Keep up to dateCoverage includes:? The changes to expenses and provable debts following the Supreme Court decision in Nortel? Changes to Tupe in 2014? Who is a "worker": Clyde & Co v Bates van Winkelhof? Caselaw on Tupe and dismissals, including: Crystal Palace FC Ltd v Kavanagh? New employment tribunal fees and penalties? Changes to preferential debtsWhy you should read this bookIf you work as an employment practitioner or corporate insolvency practitioner, you will find the up-to-date case law and practical analysis in Corporate Insolvency: Employment Rights an essential aid to your work.

Author : David Pollard
Publisher : Bloomsbury Publishing
Page : 795 pages
File Size : 49,8 Mb
Release : 2016-12-22
Category : Law
ISBN : 9781784514716

Get Book

Corporate Insolvency: Pension Rights by David Pollard Pdf

Corporate Insolvency: Pension Rights is the only book of its kind to successfully bridge the gap between the two distinct disciplines of pensions law and corporate insolvency law by drawing out the legal principles applicable where the different legal regimes interact.Providing in-depth analysis and drawing together legislation, case law, analysis and comment Corporate Insolvency: Pension Rights focuses on the application of the rules relating to corporate insolvency and how they impact on pensions. It explains the detailed elements of this specialist field of law and practice, providing a useful base on which to answer questions that are likely to arise.Coverage includes: the Supreme Court decision in Nortel and its impact on recovery under TPR's moral hazard powers; limits on the amount of contribution notices: Re Storm Funding; issues on s75 debts: MNRPF v Stena; cases on TPR's moral hazard powers; and surpluses on winding up: UC Rusal Alumina v Miller.Why you should read this bookIf you work as a pensions practitioner, corporate insolvency practitioner or accountant, you will find the up-to-date case law and practical analysis in Corporate Insolvency: Pension Rights an essential aid to your work.

Author : David Pollard
Publisher : Bloomsbury Publishing
Page : 1214 pages
File Size : 47,7 Mb
Release : 2022-10-24
Category : Law
ISBN : 9781526515636

Get Book

Corporate Insolvency: Employment and Pension Rights by David Pollard Pdf

Bridges the gap between the three distinct disciplines of pensions, employment and corporate insolvency law. Through a mix of legislation, case law, analysis and comment, this well-regarded text gives you all the information you need to answer your clients' questions. It outlines the legal principles applicable where the three regimes interact, with a particular focus on the application of the rules relating to corporate insolvency and how they impact on employees and their pension rights. For example: - How is the position of employees affected by the appointment of an insolvency practitioner over their employing company? - Who is liable, and what priority is given to past or future claims? Updates for the 7th edition include: - Full treatment of CVAs and pensions - Implications of the Court of Appeal decision in Granada/Box Clever about “association” and about Pensions Regulator powers - Implications of proposed pensions legislation, including new criminal offences - New Crown preferential debts Corporate Insolvency: Employment and Pension Rights is cited in many works focusing on the employment and insolvency fields. If you work as an employment, pensions or corporate insolvency practitioner, you'll find its up-to-date case law and practical analysis an essential aid to your work. This title is included in Bloomsbury Professional's Insolvency Law online service.

Author : Janis Pearl Sarra
Publisher : Carswell Legal Publications
Page : 499 pages
File Size : 48,5 Mb
Release : 2008
Category : Business & Economics
ISBN : 0779817370

Get Book

Employee and Pension Claims During Company Insolvency by Janis Pearl Sarra Pdf

"This study is the most comprehensive analysis of the treatment of social claims in insolvency to date, and will make an important contribution to a timely and important public policy debate. The text can be used to challenge the status quo, to compare and contrast one system to another in order to frame an argument of why wages and pensions should be treated differently in your country. This book is divided into parts that are designed to provide the most detailed account of world insolvency systems and how they treat wages and benefits of employees."--pub. desc.

Author : Janis Pearl Sarra
Publisher : Unknown
Page : 352 pages
File Size : 50,7 Mb
Release : 2003
Category : Law
ISBN : 080208754X

Get Book

Creditor Rights and the Public Interest by Janis Pearl Sarra Pdf

Creditor Rights and the Public Interest supports the greater representation of non-traditional creditors in the process of insolvency restructuring in Canada, concentrating particularly on restructuring under the federal Companies' Creditors' Arrangement Act (CCAA). Arguing in favour of the representation of such non-traditional creditors as workers, consumers, trade suppliers, and local governments, Janis Sarra describes the existing process of addressing their interests, analyzes four case studies that focus on non-creditor groups, and compares the Canadian approach to that of several other countries, such as Germany, France, and the United States. Sarra draws on a comprehensive body of academic literature that covers a broad range of issues--insolvency theory, corporate governance theory, legislative history, and bankruptcy and insolvency practice. She further surveys the relevant legislation and supplements her analysis with insights drawn from extensive primary research of court records and personal interviews with lawyers, judges, and government officials. Creditor Rights and the Public Interest ultimately illustrates the way in which the concept of the public interest can be utilized to foreground the concerns of non-traditional stakeholders. Sarra provides a coherent account of the justification for recognizing these creditors by situating insolvency law in a legal regime that realizes a duty to maximize all of the interests and investments at stake in the corporation. In an academic field where scholarship is currently scarce, Sarra's text will be a welcome contribution.

Author : David Pollard
Publisher : OUP Oxford
Page : 0 pages
File Size : 41,8 Mb
Release : 2013-11
Category : Law
ISBN : 0199672482

Get Book

The Law of Pension Trusts by David Pollard Pdf

The most detailed treatment available of pension trusts law. This book draws together all of the relevant topics providing analysis of the case law and addressing many of the tricky problems which pensions practitioners and academics face.

Author : Hamiisi Junior Nsubuga
Publisher : Routledge
Page : 213 pages
File Size : 48,6 Mb
Release : 2019-10-08
Category : Law
ISBN : 9781000731118

Get Book

Employee Rights in Corporate Insolvency by Hamiisi Junior Nsubuga Pdf

This book analyses corporate rescue laws, processes and policies prescribed in corporate insolvency or bankruptcy laws, and employment laws of the UK and the US, with a particular focus on how extant employee rights are treated when a debtor employer initiates corporate insolvency proceedings. The commencement of formal insolvency proceedings by an employer affects employees’ rights and interests. Employment laws seek to protect employees’ rights and interests, while insolvency laws seek to promote corporate rescue, which may entail workforce changes. Consequently, this creates a tension between whose interest insolvency law should give primacy of protection. The book analyses how corporate rescue processes such as administration, pre-pack business sales, company voluntary arrangements, receivership and liquidation impact employee rights and protection during corporate rescue proceedings in both jurisdictions. It goes on to address how the federal system of government in the US and the diffusion of power between federal and state law jurisdictions impact a uniform code of employee protection during Chapter 11 bankruptcy reorganisation proceedings. The book considers how an interpretative approach to law (Dworkin’s Interpretative Theory of Law) may be used to balance both employee protection and corporate rescue laws during corporate insolvency in the UK and the US. Of interest to academics, students and employment law practitioners, this book examines the tension between corporate rescue laws and employment protection laws during corporate insolvency in the US and the UK and how this tension may be remedied or balanced.

Author : Janis P. Sarra
Publisher : Carswell Legal Publications
Page : 756 pages
File Size : 41,9 Mb
Release : 2008
Category : Law
ISBN : 077981472X

Get Book

Annual Review of Insolvency Law by Janis P. Sarra Pdf

Author : Vanessa Finch
Publisher : Cambridge University Press
Page : 662 pages
File Size : 49,7 Mb
Release : 2002-09-12
Category : Business & Economics
ISBN : 0521626854

Get Book

Corporate Insolvency Law by Vanessa Finch Pdf

Vanessa Finch provides an interesting look at corporate insolvency laws and processes. She adopts an interdisciplinary approach to place two questions at the centre of her discussion. Are current UK laws and procedures efficient, expert, accountable and fair? Are fundamentally different conceptions of insolvency law needed for it to develop in a way that serves corporate and broader social ends? Topics considered in this wide-ranging book include different ways of financing companies, causes of corporate failure and prospects for designing rescue-friendly processes. Also examined are alternative asset distribution of failed companies, allocations of insolvency risks and effects of insolvency on a company's directors and employees. Finch argues that changes of approach are needed if insolvency law is to develop with coherence and purpose. This book will appeal to academics and students at advanced undergraduate and graduate level, and to legal practitioners throughout the common law world.

Author : David Pollard
Publisher : Bloomsbury Publishing
Page : 799 pages
File Size : 55,9 Mb
Release : 2023-07-13
Category : Law
ISBN : 9781526525833

Get Book

Employment Law and Pensions by David Pollard Pdf

Save time with the only dedicated text on the market that deals with the intersection of pension and employment law issues. Alongside a comprehensive overview of pensions provision in the UK, this title is organised into seven parts to guide you through the distinct issues concerning these intersecting disciplines. These include the obligations of employers, unlawful discrimination, employment contracts, employers' powers and consultation, TUPE and the cessation of employment. The Second Edition has been fully updated to include: - New cases across all seven parts of the work, assessing their impact on practice and procedure, including Walker v Innospec in the Supreme Court and IBM v Dalgeish and Bradbury v BBC in the Court of Appeal - New chapters covering: - disability discrimination and pensions - the definition of pensionable pay in a pension trust - Braganza duties on employers - whether TUPE transfers third party obligations - The impact of Brexit on pensions provision in the UK This title is included in Bloomsbury Professional's Employment Law and Pensions Law online services.

Author : Irene Lynch-Fannon,Gerard N Murphy
Publisher : Bloomsbury Publishing
Page : 775 pages
File Size : 55,6 Mb
Release : 2016-10-14
Category : Law
ISBN : 9781784518622

Get Book

Corporate Insolvency and Rescue by Irene Lynch-Fannon,Gerard N Murphy Pdf

The second edition of this authoritative book examines in detail all the corporate insolvency procedures available in Ireland, including examination, receivership and winding-up. It examines the rights and liabilities of the parties involved in the winding-up process - company directors, shareholders, and secured and unsecured creditors - and also addresses the issue of fraudulent and reckless trading.

Author : Paul Newman
Publisher : Bloomsbury Publishing
Page : 357 pages
File Size : 45,7 Mb
Release : 2022-03-31
Category : Law
ISBN : 9781526522719

Get Book

A Practitioner’s Guide to Correcting Mistakes in Pension Schemes by Paul Newman Pdf

The discovery of mistakes in pension scheme documents is as common as it is potentially serious for the administration of the scheme and for the sponsoring employer. The large sums invested in pension schemes mean that such mistakes are often very costly indeed. This book provides a practical guide to the different methods available to correct commonly-occurring mistakes in the governing provisions of pension schemes. It combines a detailed review of the law with (where relevant) practical tips, including analysis of the appropriate practice and procedure involved in the key methods of correction. With a significant body of case law enabling more authoritative answers to be given to the legal issues affecting the correction of pension scheme mistakes, and more and more mistakes being discovered because of the move to secure pension scheme liabilities with insurance companies, trustees and employers need swift and accurate legal advice on what they can do to correct such mistakes. This book provides them and their legal advisers with that advice ensuring they do not make the same costly mistakes that others have made. This book will help the reader to: · To select the most appropriate method of correcting the mistake · Consider including provisions in the terms of the pension scheme which may make the correction of the mistake easier and cheaper · Select the most tax-efficient way of correcting the mistake · Understand the processes involved in correcting the mistake · Better advise their clients as to how to deal with the mistake This title is included in Bloomsbury Professional's Pensions Law online service.