Podcast Location:
Download it here [file size: 24.1 MB]
Categories:
Employment Law
Corporate & Commercial 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:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This podcast will provide listeners with an overview of pre-pack administrations. Listeners will come to understand what a pre-pack administration is, the advantages and disadvantages arising from pre-packs, how a pre-pack can be challenged and the effect of the recent ruling in Oakland v Wellswood (Yorkshire) Limited.

Outcomes:
After completing the course you will:
  • Know what a pre-pack administration is;
  • Understand how the courts have handled the practice of pre-pack administrations;
  • Understand the advantages of a pre-pack;
  • Understand the disadvantages of a pre-pack;
  • Know how a pre-pack can be challenged;
  • Understand the role played by SIP 16;
  • Know the position of employees after Oakland v Wellswood (Yorkshire) Ltd;
  • Understand the possible future for pre-pack administrations.
Level:
Intermediate Difficulty: 3 of 5
Classification:
Case Update
Introduction
Legal Principles
Panel Discussion
Sources and References:
  • Enterprise Act 2002;
  • Re Charnley Davies Ltd [1990] BCC 605;
  • Re Consumer & Industrial Press Ltd (No 2) (1988) 4 BCC 72;
  • Re T&D Industries Ltd [2000] 1 WR 646;
  • Re Transbus International Ltd [2004] 1 WLR 2654;
  • Re Harris Bus Co Ltd [2000] BCC 1;
  • DKLL Solicitors v HMRC [2007] EWHC 2067;
  • Oakland v Wellswood (Yorkshire) Ltd UKEAT/0395/08;
  • The Transfer of Undertakings (Protection of Employment) Regulations (TUPE);
  • Acquired Rights Directive 2001;
  • Employment Rights Act 1996.

In this podcast Andrew Thornton of Erskine Chambers talks to Phil Duffy of MCR corporate restructuring and James Potts of Erskine Chambers on the topic of pre-pack administrations. The podcast looks at what a pre-pack administration is and also how the courts have approached the practice of pre-packs. The podcast also considers the advantages and disadvantages of a pre-pack and the process involved in challenging a pre-pack. There is also a discussion the SIP 16 requirements and the effect of the recent court ruling in Oakland v Wellswood (Yorkshire) Limited.

Podcast last reviewed: 2011-11-30

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