Environment Agency V Clark
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Environment Agency V Clark
''Environment Agency v Clark'' 001Ch 57 (also, ''Re Rhondda Waste Disposal Ltd'') is a UK insolvency law case concerning the right of creditors to bring proceedings against insolvent companies in administration. It concerned s.10, Insolvency Act 1986, now Schedule B1, para. 43(6) whereby a moratorium on legal proceedings is effected after an administration order takes place. Facts Rhondda Waste Disposal Ltd, a company wholly owned by Rhondda Cynon Taf County Borough Council ran a landfill site under a waste management licence in Nant-y-Gwyddon, Rhondda Valley. The Environment Agency served an enforcement notice against Rhondda, telling it to comply with its licence terms, under s.33(6), Environmental Protection Act 1990. It then got an injunction. Rhondda failed to change in the next six months. So Rhondda petitioned for an administration order. The administrator asked the court to clarify whether the Environment Agency needed leave under the Insolvency Act 1986, s.10(1)(c) and ...
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UK Insolvency Law
United Kingdom insolvency law regulates companies in the United Kingdom which are unable to repay their debts. While UK bankruptcy law concerns the rules for natural persons, the term insolvency is generally used for companies formed under the Companies Act 2006. "Insolvency" means being unable to pay debts. Since the Cork Report of 1982, the modern policy of UK insolvency law has been to attempt to rescue a company that is in difficulty, to minimise losses and fairly distribute the burdens between the community, employees, creditors and other stakeholders that result from enterprise failure. If a company cannot be saved it is "liquidated", so that the assets are sold off to repay creditors according to their priority. The main sources of law include the Insolvency Act 1986, the Insolvency Rules 1986 (replaced in England and Wales from 6 April 2017 by the Insolvency Rules (England and Wales) 2016 – see below), the Company Directors Disqualification Act 1986, the Employment R ...
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Bristol Airport Plc V
Bristol () is a City status in the United Kingdom, city, Ceremonial counties of England, ceremonial county and unitary authority in England. Situated on the River Avon, Bristol, River Avon, it is bordered by the ceremonial counties of Gloucestershire to the north and Somerset to the south. Bristol is the most populous city in South West England. The wider Bristol Built-up Area is the List of urban areas in the United Kingdom, eleventh most populous urban area in the United Kingdom. Iron Age hillforts and Roman villas were built near the confluence of the rivers River Frome, Bristol, Frome and River Avon, Bristol, Avon. Around the beginning of the 11th century, the settlement was known as (Old English: 'the place at the bridge'). Bristol received a royal charter in 1155 and was historic counties of England, historically divided between Gloucestershire and Somerset until 1373 when it became a county corporate. From the 13th to the 18th century, Bristol was among the top three E ...
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