Public examination meaning

Under section 279(1) of the Insolvency Act 1986 (IA 1986) A bankrupt is released from bankruptcy automatically at the expiry of one year starting on the date the bankruptcy order is made, pursuant to section 279(1) of the Insolvency Act 1986 (IA 1986). In some circumstances, however, it is preferable to apply to the court for an order suspending that automatic discharge. This concise checklist and timetable addresses applications to suspend automatic discharge from bankruptcy, outlining each stage from preparing the application for issue through to the making of the suspension from discharge order, together with matters to be dealt with after the order is made. The checklist and timetable do not apply to criminal bankruptcies under IA 1986, ss 264 and 280, nor to applications by the official receiver (OR) under the Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024, r 10.104(5) following the adjournment of a public examination. Step/action Time (days) Section/rule 1...

Watson v Chief Constable of Humberside Police [2025] EWHC 2544 (KB) What are the practical implications of this case? This decision addresses who bears the burden of proof in claims for false imprisonment and assault, and underscores that any detention or use of force by police must be justified by the rationale an officer advances for acting as they did at the material time. It illustrates that disputes should be resolved on the pleaded issues and the evidence tested in court, and not beyond them. Positions resting on a narrative the court rejects will rarely withstand judicial examination, and judges ought not determine matters on hypothetical versions of a party’s case or on speculation. What was the background? The claimant, experiencing several physical frailties and impairments, made an emergency call saying he might cut his own throat owing to the distress he was experiencing. Police officers attended and discovered the claimant seated at a table on the communal lawn...

In this issue: Pension Schemes Bill Funding, surplus and investment Pension Protection Fund Pensions Dashboards Dates for your diary Trackers Pension Schemes Bill Call for evidence on Pension Schemes Bill launched amid concerns over Bill’s investment mandation powers The House of Commons Public Bill Committee opened a call for evidence on 8 July 2025 concerning the Pension Schemes Bill. Its line-by-line scrutiny is due to begin on 2 September 2025, with a report expected by 23 October 2025. In the interim, the Committee invites those with pertinent expertise, practical experience, or a particular interest in the Bill to send written submissions swiftly so they can be considered before the deadline. Once the Committee finishes its examination of the Pension Schemes Bill, it will no longer accept written evidence. This request follows the Bill’s Second Reading in the House of Commons on 7 July 2025, presented by the Pensions Minister, Torsten Bell, together with Under-Secretary of State Andrew...

Folds Farm Trustees Ltd and another company v Cutts and others [2024] EWHC 12 (Ch) What are the practical implications of this case? This claim illustrates trustees seeking the court’s approval for a decision in category 2 of Public Trustee v Cooper [2001] WTLR 901 (not reported by LexisNexis®UK), on the basis that the step was considered ‘particularly momentous’. There was no meaningful uncertainty about the extent of the trustees’ powers, and they had already determined how they intended to use them. Points of practical note for practitioners included: At a directions hearing, the court permitted reliance on updated expert evidence and, unusually, ordered the trustees’ witnesses (their directors) to attend the final hearing for cross-examination. At the final hearing, the Master observed, in the context of valuing real property, that appointments out of assets held on discretionary trusts are fundamentally different from cases involving absolute vested interests in capital. In the latter, testing the open market and securing the best price reasonably obtainable is...

Public M&A deals 2017—UK—Market Standards Trend Report [Archived] ARCHIVED: This material was issued in 2018 and is no longer updated. The Market Standards Trend Report delivers a comprehensive examination of the ninety firm, as well as possible, offer announcements concerning companies governed by the Takeover Code in 2017. It provides insight on public M&A trends and what we may expect to see in 2018 and beyond. The report features expert analysis from Selina Sagayam, Head of UK Transactional Practice Development at Gibson Dunn, and Adam Cain, Senior Associate at Pinsent Masons. Areas explored include transaction structure, among other topics as well,...

This Practice Note looks at the framework for recognising and enforcing international arbitral awards in Türkiye and, where appropriate, draws on case law... Applicable legislation Türkiye’s arbitration system, together with the rules on recognition and enforcement, is founded on the United Nations Commission on International Trade Law (UNCITRAL) Model Law on International Commercial Arbitration 1985. The two principal instruments governing recognition and enforcement are the Convention on the Recognition and Enforcement of Arbitral Awards (the New York Convention) and the International Private and Procedural Law (IPL) No. 5718. The New York Convention took effect in Türkiye under Law No. 3731 in 1991 and since then has applied to recognition and enforcement applications brought in Türkiye. As an international treaty, the New York Convention prevails over domestic legislation pursuant to Article 90 of the Turkish Constitution. Türkiye has confined the New York Convention’s application to the recognition and enforcement of arbitral awards only: issued in a contracting state to the New York Convention, and concerning...

Context Numerous statutory regimes confer compulsory purchase powers for defined aims on designated bodies (see Practice Note: Sources and limits of compulsory purchase powers). Ordinarily, authority to compel acquisition is given through a compulsory purchase order (CPO). The specified body, known as the acquiring authority, makes the order, which is then confirmed by the confirming authority—either the minister empowered to authorise compulsory acquisition, an inspector appointed to act on the minister’s behalf, or in certain circumstances the acquiring authority itself. This Practice Note concentrates on the steps for promoting a CPO governed by the Acquisition of Land Act 1981 (ALA 1981). ALA 1981 covers the majority of compulsory acquisitions undertaken by public bodies. Distinct procedures can, however, apply where compulsory acquisition is embedded within development consent orders under the Planning Act 2008 (PA 2008). That route is outside the scope of this Practice Note; for guidance see: Practice Notes—Compulsory acquisition for NSIPs—introduction and principles; Compulsory acquisition for NSIPs—application, draft DCO and supporting documentation; and Compulsory acquisition for NSIPs—examination, making...