Tolley's Employment and Pension Rights in Corporate Insolvency

Tolley's Employment and Pension Rights in Corporate Insolvency PDF Author: David Pollard
Publisher: Hyperion Books
ISBN: 9780854597376
Category : Bankruptcy
Languages : en
Pages : 331

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Book Description

Tolley's Employment and Pension Rights in Corporate Insolvency

Tolley's Employment and Pension Rights in Corporate Insolvency PDF Author: David Pollard
Publisher: Hyperion Books
ISBN: 9780854597376
Category : Bankruptcy
Languages : en
Pages : 331

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Book Description


Employment and Pension Rights in Corporate Insolvency

Employment and Pension Rights in Corporate Insolvency PDF Author: David Pollard
Publisher: Tolley
ISBN: 9781860129315
Category :
Languages : en
Pages :

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Corporate Insolvency: Employment and Pension Rights

Corporate Insolvency: Employment and Pension Rights PDF Author: David Pollard
Publisher: Bloomsbury Publishing
ISBN: 1526515636
Category : Law
Languages : en
Pages : 1214

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Book Description
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.

Corporate Insolvency

Corporate Insolvency PDF Author: David Pollard
Publisher: Bloomsbury Professional
ISBN: 9781847668875
Category : Law
Languages : en
Pages : 994

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Book Description
The book offers an overview of the law of employment, pensions and corporate insolvency. It also focuses on the application of rules relating to corporate insolvency and how they affect employees and their pension rights, drawing together legislation, case law, analysis and comment.

Statutory Priorities in Corporate Insolvency Law

Statutory Priorities in Corporate Insolvency Law PDF Author: Christopher F. Symes
Publisher: Routledge
ISBN: 1351897977
Category : Law
Languages : en
Pages : 290

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Book Description
Who enjoys statutory preferred creditor status? What justifications exist for jurisdictions to maintain statutes that favour 'priority' creditors over other creditors and contributories? This book examines preferential debts derived from specific legislative provisions applying to corporate insolvency. In exploring the concept of preferential treatment, Statutory Priorities in Corporate Insolvency Law includes chapters that provide a doctrinal, theoretical and historical analysis of who enjoys preferred creditor status. As well as examining the traditional major categories of priorities, this work also identifies potential new categories for priority status such as environmental clean-up costs, international creditors, tort claimants and consumers among other non-consensual creditors. While the study focuses on Australian corporate insolvency law, where appropriate, comparisons are made with other common law jurisdictions, particularly the UK, Canada, New Zealand and the US.

Pensions and Corporate Insolvency

Pensions and Corporate Insolvency PDF Author: Rosalind J. Connor
Publisher: Jordan Publishing (GB)
ISBN: 9781846615559
Category : Bankruptcy
Languages : en
Pages : 0

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Book Description
In the UK, there have been some important developments in pensions and insolvency, notably the Supreme Court decision pending in Bloom v The Pensions Regulator, which focuses on the Regulator's rights where it issues its notice after the commencement of the administration of the recipient. Pensions and Corporate Insolvency sets out to explain the law and the practical issues that arise in the UK's pensions and insolvency. The book covers: the pensions law and institutions * powers of the regulators * the establishment of the PFF * the process for preparing for an insolvency, including financial assessment, negotiating with the parties involved, and competing interests * how to structure the insolvency in terms of moving the liabilities away from the operating company * how to handle the assessment and PFF entry * avoiding negotiation and the regulator risks * solvent restructuring * international issues relating to exporting the Regulator's powers. It starts with a brief summary of the issues, followed by details of the process to be followed, tactical and structuring issues relating to the various forms of insolvency, restructuring options, and the regulatory bodies. The effect on an international group is also covered.

Employment Law and Pensions

Employment Law and Pensions PDF Author: David Pollard
Publisher: Bloomsbury Publishing
ISBN: 1526525844
Category : Law
Languages : en
Pages : 931

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Book Description
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.

Connected and Associated: Insolvency and Pensions Law

Connected and Associated: Insolvency and Pensions Law PDF Author: David Pollard
Publisher: Bloomsbury Publishing
ISBN: 1526519615
Category : Law
Languages : en
Pages : 395

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Book Description
Connected and Associated: Insolvency and Pensions Law discusses, in detail, the meaning and scope of the 'connected', 'associated' and 'control' tests used in the Insolvency Act 1986. These are in sections 249 and 435, and are incorporated by reference in pensions legislation. It also looks at the linked connected person test in The Administration (Restrictions on Disposal etc. to Connected Persons) Regulations 2021. Connected and Associated: Insolvency and Pensions Law will help you to: - Decide whether a person is connected or associated with another under the insolvency test for the purposes of preferences, transactions at an undervalue, or voting in creditor meetings - Decide whether there is a risk of falling within the potential target net for a contribution notice or financial support direction under the moral hazard powers of the Pensions Regulator in the Pensions Act 2004 - Check whether an investment by a pension scheme is within the limits on employer-related investment under the Pensions Act 1995 - Work out when a disposal by an administrator will be to a connected person - Work out who satisfies the independence test for an evaluator - Deal with connected person voting majorities in a creditor vote in a CVA and a Part A1 Moratorium - Understand the implications of the Administration (Restriction on Disposal etc. to Connected Persons) Regulations 2021 Written by David Pollard, one of the leading experts in this field, this is the only in-depth review of the complex test for connected or associated persons and, as such, is an essential title for insolvency and pension lawyers, litigators, pension trustees, employers, investors, lenders and their advisers. David Pollard is a leading and highly experienced lawyer in the insolvency and pensions fields and in related areas. He is a barrister, practising from Wilberforce Chambers in Lincoln's Inn, and previously practised for 37 years as a solicitor in London and Singapore. David's practice focuses on pensions law; insolvency law and; employment law (involving pensions). He was Chairman of the Association of Pension Lawyers (APL) from 2001 to 2003 and has been a vice chair of the Industrial Law Society.

Tolley's Employees' Rights in Receiverships and Liquidations

Tolley's Employees' Rights in Receiverships and Liquidations PDF Author: Guy T. E. Parsons
Publisher:
ISBN: 9780854591442
Category : Employees
Languages : en
Pages : 210

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Book Description


Pensions, Contracts and Trusts: Legal Issues on Decision Making

Pensions, Contracts and Trusts: Legal Issues on Decision Making PDF Author: David Pollard
Publisher: Bloomsbury Publishing
ISBN: 1526511843
Category : Law
Languages : en
Pages : 626

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Book Description
This is a topical area for the courts, which have moved to imply various limitations or tests on decision makers powers and when they can be challenged. This is made more difficult for lay users and lawyers alike in that implied restrictions are (by definition) not apparent from the words of the relevant contract itself. These limits are applied by the courts not just to fiduciaries (such as trustees or directors), but also to non-fiduciaries (eg banks and employers). Recent case law includes: · Pitt v Holt (SC) – trustee decisions (2013) · Braganza (SC) – contractual discretions (2015) · Eclairs (SC) – directors powers: proper purposes (2015) · IBM UK Holdings v Dalgleish (CA) – employer powers under pension plans (2017) · British Airways (CA)– pension plan – proper purposes (2018) The book reviews the relevant doctrines of: · Interpretation rules · Proper purposes; · Due consideration of relevant factors · Full perversity (no reasonable decision maker)