An Introduction to Company Voluntary Arrangements
- Podcast Location:
- Sorry, this podcast has been removed as it is now out of date
- Categories:
-
Company Law
Insolvency & Restructuring
- CPD Points:
- Up to 1 point. details »
Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:
Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)
Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)
Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)
- Cost:
- a) £65+VAT for this CPDcast only
- b) £299+VAT for unlimited access to all of our podcasts. details »
- c) Discounts for multiple users - call +44 (0) 20 3377 3901 now to speak to our sales team
- Length:
- 30 minutes of audio
(+ optional 5 minute online quiz) - Plays on Computer:
- Yes Downloadable as MP3: Yes
- Contributor(s):
- Course Aims:
This podcast may be of interest to those who practice in the insolvency sphere. It aims to outline the function and mechanism for of a company voluntary arrangement (CVA) and how it interacts with the rights of third parties and secured creditors - particularly those who have are linked to the company by land. Finally the podcast aims to give an overview of how a CVA might be challenged by creditors affected by its terms.
- Outcomes:
- After completing the course you will:
- Understand the purpose of the company voluntary arrangement;
- Understand the circumstances in which a CVA will be entered into;
- Understand the reasons why CVA's have proved unpopular with companies since their introduction;
- Know the procedure for entering into a CVA;
- Understand the impact on a landlord's right to future rent from a tenant who is in a CVA;
- Know how a CVA takes effect;
- Know by what means and what grounds a CVA may be challenged by a creditor;
- Understand the impact a CVA may have for third parties such as sureties and guarantors.
- Level:
- Complex
- Classification:
-
Legal Principles
Practical Guide
Procedural
- Sources and References:
-
- Cork Committee Report 1982;
- Part I Insolvency Act 1986;
- Re Newlands (Seaford) Educational Trust [2006] BPIR 1230;
- S18 Landlord and Tenant Act 1927;
- Ss4(3)(4), 5(2), 6 Insolvency Act 1986;
- Re Naeem [1990] 1 WLR 48;
- March Estates v Gunmark [1996] 2 EGLR 38;
- Thomas v Ken Thomas Ltd [2007] 1 EGLR 31;
- Re Atlantic Computer Systems plc [1992] Ch 505;
- Re ABC Coupler & Engineering Co Ltd (No 3) [1970] 1 WLR 702;
- Razzaq v Pala [1997] 1 WLR 1336;
- Raja v Rubin [2002] CH 274;
- Welsby v Brelec Installations [2001] BCC 421);
- Stanley v Phillips [2003] EWHC 720 (Ch);
- RA Securities Ltd v Mercantile Credit Co Ltd [1994] BCC 598;
- Johnson v Davies [1999] Ch 117;
- Re Goldspan Ltd 2003 BPIR 93;
- Finley v Connell Associates [1999] WLR 477;
- Green King plc v Stanley [2002] BPIR 491;
- Prudential Assurance Co Ltd v PRG Powerhouse Ltd & Ors;;
- Luctor Ltd v PRG Powerhouse Ltd & Ors [2007] EWHC 1002 (Ch);
- Re Lomax Leisure Ltd [2000] Ch 502;
- Lombard Natwest Factors Ltd v Koutrouzas [2003] BPIR 444.
This podcast looks at the origins of the company voluntary arrangement or 'CVA' and its conceptual trappings as a means to alleviate debtor companies in financial difficulties and as a means to secure a better deal for creditors.
It looks at the statutory framework for setting up a CVA and how, once operating, it interacts with the rights of third parties and secured creditors. The latter part of the podcast focuses on the means by which a CVA can be challenged and the concept of 'unfairness'.
Podcast added: 07/08/09
Podcast last reviewed: 2011-07-25
This course has now been removed from the site. It is no longer suitable for CPD purposes as it contains information that is out of date or incorrect. For a list of our latest CPDcasts, please visit the library.
