Tolley's Employment and Pension Rights in Corporate Insolvency

Tolley's Employment and Pension Rights in Corporate Insolvency

Author: David Pollard

Publisher: Hyperion Books

Published: 1994

Total Pages: 331

ISBN-13: 9780854597376

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Book Synopsis Tolley's Employment and Pension Rights in Corporate Insolvency by : David Pollard

Download or read book Tolley's Employment and Pension Rights in Corporate Insolvency written by David Pollard and published by Hyperion Books. This book was released on 1994 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt:


Employment and Pension Rights in Corporate Insolvency

Employment and Pension Rights in Corporate Insolvency

Author: David Pollard

Publisher: Tolley

Published: 2000-12

Total Pages:

ISBN-13: 9781860129315

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Book Synopsis Employment and Pension Rights in Corporate Insolvency by : David Pollard

Download or read book Employment and Pension Rights in Corporate Insolvency written by David Pollard and published by Tolley. This book was released on 2000-12 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:


Corporate Insolvency: Employment and Pension Rights

Corporate Insolvency: Employment and Pension Rights

Author: David Pollard

Publisher: Bloomsbury Publishing

Published: 2022-10-24

Total Pages: 1421

ISBN-13: 1526515644

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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.


Book Synopsis Corporate Insolvency: Employment and Pension Rights by : David Pollard

Download or read book Corporate Insolvency: Employment and Pension Rights written by David Pollard and published by Bloomsbury Publishing. This book was released on 2022-10-24 with total page 1421 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Author: David Pollard

Publisher: Tottel Publishing

Published: 2009

Total Pages: 715

ISBN-13: 9781847663078

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This book provides an in-depth analysis of UK law relating to corporate insolvency where it interacts with the law governing employment and pension rights. 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. 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 UK legislation, case law, analysis, and comment. The fourth edition is updated to include coverage of: cases on administration expenses * new powers of the UK's Pensions Regulator * a new review of connected or associated test * the liability of insolvency practitioners for discrimination * cases on protective awards * changes to employer debt provisions on pensions * cases on directors or majority shareholders as employees.


Book Synopsis Corporate Insolvency by : David Pollard

Download or read book Corporate Insolvency written by David Pollard and published by Tottel Publishing. This book was released on 2009 with total page 715 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an in-depth analysis of UK law relating to corporate insolvency where it interacts with the law governing employment and pension rights. 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. 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 UK legislation, case law, analysis, and comment. The fourth edition is updated to include coverage of: cases on administration expenses * new powers of the UK's Pensions Regulator * a new review of connected or associated test * the liability of insolvency practitioners for discrimination * cases on protective awards * changes to employer debt provisions on pensions * cases on directors or majority shareholders as employees.


Statutory Priorities in Corporate Insolvency Law

Statutory Priorities in Corporate Insolvency Law

Author: Christopher F. Symes

Publisher: Routledge

Published: 2016-12-05

Total Pages: 290

ISBN-13: 1351897977

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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.


Book Synopsis Statutory Priorities in Corporate Insolvency Law by : Christopher F. Symes

Download or read book Statutory Priorities in Corporate Insolvency Law written by Christopher F. Symes and published by Routledge. This book was released on 2016-12-05 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.


Connected and Associated: Insolvency and Pensions Law

Connected and Associated: Insolvency and Pensions Law

Author: David Pollard

Publisher: Bloomsbury Publishing

Published: 2021-11-30

Total Pages: 365

ISBN-13: 1526519607

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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.


Book Synopsis Connected and Associated: Insolvency and Pensions Law by : David Pollard

Download or read book Connected and Associated: Insolvency and Pensions Law written by David Pollard and published by Bloomsbury Publishing. This book was released on 2021-11-30 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.


Employment Law and Pensions

Employment Law and Pensions

Author: David Pollard

Publisher: Bloomsbury Publishing

Published: 2023-07-13

Total Pages: 799

ISBN-13: 1526525836

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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.


Book Synopsis Employment Law and Pensions by : David Pollard

Download or read book Employment Law and Pensions written by David Pollard and published by Bloomsbury Publishing. This book was released on 2023-07-13 with total page 799 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.


Pensions, Contracts and Trusts: Legal Issues on Decision Making

Pensions, Contracts and Trusts: Legal Issues on Decision Making

Author: David Pollard

Publisher: Bloomsbury Publishing

Published: 2020-05-10

Total Pages: 641

ISBN-13: 1526511851

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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)


Book Synopsis Pensions, Contracts and Trusts: Legal Issues on Decision Making by : David Pollard

Download or read book Pensions, Contracts and Trusts: Legal Issues on Decision Making written by David Pollard and published by Bloomsbury Publishing. This book was released on 2020-05-10 with total page 641 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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)


Tolley's Managing Business Transfers

Tolley's Managing Business Transfers

Author: Olga Aikin

Publisher: Lexis Nexis UK

Published: 2003

Total Pages: 292

ISBN-13: 9780754516613

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Managing Business Transfers provides practical guidance, sample documents and strategies for managing the employment law aspects of takeovers. Highly accessible and ideal for HR professionals and advisers, this guide will advise on the impact of amendments to TUPE and all relevant case law, the legal effects of a transfer, contracting out, changing employees' terms and conditions, occupational pension rights, insolvency and the revised Acquired Rights Directive.


Book Synopsis Tolley's Managing Business Transfers by : Olga Aikin

Download or read book Tolley's Managing Business Transfers written by Olga Aikin and published by Lexis Nexis UK. This book was released on 2003 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: Managing Business Transfers provides practical guidance, sample documents and strategies for managing the employment law aspects of takeovers. Highly accessible and ideal for HR professionals and advisers, this guide will advise on the impact of amendments to TUPE and all relevant case law, the legal effects of a transfer, contracting out, changing employees' terms and conditions, occupational pension rights, insolvency and the revised Acquired Rights Directive.


Tolley's Corporate Insolvency

Tolley's Corporate Insolvency

Author: Shashi Rajani

Publisher: Hyperion Books

Published: 1994

Total Pages: 725

ISBN-13: 9780854597482

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This comprehensive handbook on the law and practice relating to corporate insolvency, combining a mass of essential information, in a single reference source. Deals with the substantial body of case law which has developed, as well as sections on the disqualification of directors to reflect the growing importance of this subject.


Book Synopsis Tolley's Corporate Insolvency by : Shashi Rajani

Download or read book Tolley's Corporate Insolvency written by Shashi Rajani and published by Hyperion Books. This book was released on 1994 with total page 725 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive handbook on the law and practice relating to corporate insolvency, combining a mass of essential information, in a single reference source. Deals with the substantial body of case law which has developed, as well as sections on the disqualification of directors to reflect the growing importance of this subject.