This certificate course is primarily aimed at litigators who come across insolvent situations in practice and wish to develop their knowledge. It will also be a detailed introduction for lawyers wishing to develop an insolvency litigation practice. The course will equip you to advise your clients on the relevant law and practice, to maximise recoveries and understand the breadth of remedies available.
It is tailored specifically for lawyers from a contentious background, although it complements the Certificate in Insolvency Law and together the courses provide an overview of law and practice in this ever developing area.
The course covers:
- Using insolvency as a debt recovery tool – the latest law and practice
- The roles and duties of the insolvency practitioner, and how they are enforced
- Tips and tactics to maximise insolvency recoveries. Can asset tracing and injunctive remedies help? ss 236 and 366 Insolvency Act – powerful tools or damp squibs?
- Piercing the corporate veil; getting at the directors personally. The latest law and practice on wrongful and fraudulent trading and misfeasance. Do some of the recent changes assist recovery opportunities?
- Director disqualification – a new tougher regime?
- Other post-insolvency remedies including preferences, transactions at an undervalue, transactions to defraud creditors and illegal dividends. Much talked of, but how do they work in practice?
- Funding or assigning insolvency litigation; the changing landscape. What are the current opportunities?
The emphasis will be on practical application and will include an analysis of recent legislation and case law and how the landscape has changed through these developments. Case studies will be undertaken throughout the day to assist in the overall understanding of this area of law which can be seen across many parts of legal practice.
has specialised in credit, debt and insolvency work since 1987, and has extensive experience in dealing with the full range of these procedures. Prior to setting up his own consultancy, he was a Business Recovery and Insolvency partner at a major law firm. As well as acting as a Consultant to the legal profession, he also pursues many other projects in the legal, insolvency and credit fields and is a Visiting Lecturer at the University of Law. He is a Solicitor Licensed Insolvency Practitioner, and was appointed Chairman of the Board of The Insolvency Service in January 2017, the Deputy Independent Examiner for the Institute and Faculty of Actuaries and one of the Chairmen of the Methodist Church Disciplinary Process. In addition, he serves as a member of the Legal and Technical Committee of the Civil Court Users Association and of CILEX Qualifications Committee. In the wider context, as a Director of The Money Charity and previously of The Churches Mutual Credit Union, he is able to work first-hand with the issues within his areas of legal and professional expertise. Stephen has written a standard text on Debt Recovery, as well as, in 2015, the Higher Level Apprentice course on Insolvency and Debt Recovery as part of the Governments commitment to new levels of legal qualification. He has continued that work as a member of the Department for Education panel designing the new T level legal, finance and accounting qualification. He writes numerous articles for legal journals and other business magazines and is a popular and sought after lecturer on insolvency and debt related matters to business students, accountants, solicitors, bankers, credit managers and other professionals. Stephen is passionate about learning and education matters in his fields and this always comes over in his presenting style. His latest book Enforcement of a Judgment was published by Sweet and Maxwell in January 2016 and he has in the last twelve months collaborated on several leading practitioner texts for both the legal and insolvency profession Stephen Allinson Chair of the Joint Insolvency Examination Board firstname.lastname@example.org (m) 07808164068 Connect with Stephen on LinkedIn: http://www.allinsonlaw.com Follow him on Twitter: @AllinsonStephen