Although insolvency law and partnership/LLP law are both well-established areas of legal practice in their own right, this is the only text which comprehensively explains and analyses insolvency law as it applies to all three types of business partnership available under English law; general partnerships, limited partnerships and LLPs.
Law of Insolvent Partnerships and Limited Liability Partnerships explains the legal framework applicable to insolvent partnerships and LLPs: principally the Insolvent Partnerships Order 1994 and the LLP Regulations 2001 applying and modifying parts of the Insolvency Act 1986, the Companies Act 2006 and the Insolvency Rules. It includes detailed discussion of potential rescue procedures (compositions and arrangements, voluntary arrangements and administration), as well as the various types of receivership (including agricultural receiverships). It then explains and analyses the four possible partnership liquidation procedures (with or without concurrent petitions against partners), the voluntary and compulsory liquidation of LLPs, and the joint bankruptcy procedure which is unique to partnerships. Finally it examines the options for insolvency litigation and disqualification.
Elspeth Berry is a non-practising solicitor, member of the Association of Partnership Practitioners and Reader in Law at Nottingham Law School, with over twenty years' experience in researching and publishing in partnership and LLP law and teaching undergraduate and postgraduate students the law of business organisations and other commercial and international subjects. She is the author of Partnership and LLP Law (Wildy, Simmonds & Hill Publishing). Rebecca Parry is Professor at Nottingham Trent University since 2007, experienced PhD supervisor and visiting lecturer and has been a researcher at a number of European institutions. Rebecca is the author of a number of titles including Transaction Avoidance in Insolvencies, 2nd edition (Oxford University Press) and Corporate Rescue (Sweet & Maxwell).
List of Abbreviations Table of Cases Table of Statutes Table of Statutory Instruments Table of European Legislation 1 Introduction 2 Schemes of Arrangement 3 Voluntary Arrangements 4 Administration 5 Receivership 6 Liquidation: Partnerships 7 Liquidation: LLPs 8 Joint Bankruptcy 9 Insolvency Litigation 10 Application of the Company Directors Disqualification Act 1986 ; Appendices