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The work on this site is produced by external parties and the views expressed are particular to the person making them and do not necessarily reflect those The Insolvency Service or other contributors.

Title	Author	Representing	Date

Conflict of Laws in Insolvency Transaction Avoidance This article reviews the contexts in which such choice of law issues are most likely to arise, suggests how existing cases on extraterritoriality should be rationalised, and proposes the proper choice of law approach going forward.	Look Chan Ho	Freshfields Bruckhaus Deringer LLP	September 2008
Possessing 'possession' - Re Oval 1742	Look Chan Ho	Freshfields Bruckhaus Deringer	March 2008

Demystifying ancillary winding up - disapplying local substantive and procedural rules	Look Chan Ho	Freshfields Bruckhaus Deringer	January 2008

UNCITRAL Model Law on Cross-Border Insolvency	Look Chan Ho	Freshfields Bruckhaus Deringer	December 2007

Disputed debts, cross-claims and administration orders: Hammonds (a firm) v Pro-Fit USA	Look Chan Ho	Freshfields Bruckhaus Deringer	November 2007


Of proprietary restitution, insurers' subrogation and insolvency set-off - the untenable case of Re Ballast	Look Chan Ho	Freshfields Bruckhaus Deringer	September 2007

Whose Claim is it? A critical assessment of the Re Oasis Merchandising Services Orthodox	Look Chan Ho	Freshfields Bruckhaus Deringer	August 2007

Interim Report to The Insolvency Service on Returns to Creditors from Pre-and Post-Enterprise Act Insolvency Procedures	Dr Sandra Frisby	Baker & Mackenzie Lecturer in Company and Commercial Law, University of Nottingham	July 2007

The Impact of the Enterprise Act 2002 on Realisations and Costs in Corporate Rescue Proceedings Related Presentation	John Armour, Audrey Hsu and Adrian Walters	Cambridge University, National Taiwan University and Nottingham Trent University	March 2007

Study of Administration Cases Related Presentation	Alan Katz and Michael Mumford	Research Fellows at the International Centre for Research in Accounting, Lancaster University	October 2006

Report on Insolvency Outcomes Related Presentation	Dr Sandra Frisby	Baker & Mackenzie Lecturer in Company and Commercial Law, University of Nottingham	June 2006

Barber v CI - Preference Equals Undervalue?	Look Chan Ho and Rizwaan Jameel Mokal	LexisNexis Butterworths	November 2006

Indicators of fragility in the UK corporate sector	Gertjan W. Vlieghe	Monetary Assessment and Strategy Division, Bank of England

A Matter of Contractual Trust and Subordination[2004] JIBLR 494-499	Chan Ho, Attorney-at- Law and Barrister, London	Sweet and Maxwell

Wrongful Trading and the Liability of company directors -a theoretical perspective	Professor Andrew Keay	Andrew Keay, Professor of Corporate and Commercial Law, University of Leeds

Out of the Insolvency Regulation and into the Judgments Regulation: Mazur Media v Mazur Media (2004) 19 J.I.B.F.L. 357-361 What happens if a company is subject to formal insolvency proceedings in a European Union member state and there are pending litigation proceedings in England concerning, among other things, the tort of conversion	Look Chan Ho	LexisNexis Butterworths

Recasting Phillips v Brewin Dolphin on transactions at an undervalue (2003) 18 J.I.B.F.L. 43-46	Look Chan Ho	LexisNexis Butterworths

Insolvency meets financial assistance: MT Realisations v Digital Equipment (2002) 17 J.I.B.F.L. 443-447	Look Chan Ho	LexisNexis Butterworths

Blowing hot and cold: Phillips v Brewin Dolphin Bell Lawrie (2001) 16 J.I.B.F.L. 263-266 Transactions at an undervalue	Look Chan Ho	LexisNexis Butterworths

Administrative Receivership and Administration - An Analysis This working copy of a paper argues that the Enterprise Act 2002 has changed the way those dealing with distressed companies are required to behave much more significantly than most commentators realise.	Rizwaan Jameel Mokal

Charges over Chattels Much of the recent debate as to the criteria which determine whether a charge is properly characterised as fixed or floating has revolved around charges over book debts or other receivables. Charges over chattels have received somewhat less attention.	Stephen Atherton and Rizwaan Jameel Mokal

Liquidation Expenses and Floating Charges In the context of the decision by the House of Lords in Buchler v. Talbot, this working copy of a paper considers the nature of the charge and the mortgage, and asks what effect the creation of such security interests has on the property of the company.	Rizwaan Jameel Mokal

Resolving the MS Fashions “Paradox” In the context of the decision of the House of Lords in Re Bank of Credit and Commerce International S.A. (No. 8) [1998] AC 214, this short working copy of a paper asks (i) whether the existence of a charge in one’s favour over one’s own indebtedness (a ‘charge-back’) destroys the mutuality necessary for insolvency set-off to operate, and (ii) whether the assets of the insolvent company are notionally collected before the set-off may operate.	Rizwaan Jameel Mokal

The Harm Done by Administrative Receivership	Rizwaan Jameel Mokal

The Search for Someone to Save: A Defensive Case for the Priority of Secured Credit The priority of secured credit has repeatedly and famously been attacked for allowing the exploitation of certain types of unsecured creditor. It has also been blamed for creating inefficiencies. This paper examines these arguments specifically as applied to the UK, and using both theoretical analysis and recent empirical data, suggests none of them can be sustained.	Rizwaan Jameel Mokal

Bankers’ duties to customers reaffirmed - CHAPS transfer and equitable set-off [2004] J.I.B.L.R. 466-468	Look Chan Ho	Sweet and Maxwell

A New Byword for Cross-Border Restructuring: Scheme if Arrangement as Judgement - Re; Cavell Insurance Company	Look Chan Ho

The Valuation of Distressed Companies - A Conceptual Framework	Michael Crystal QC and Rizwaan Jameel Mokal

Administration expenses, puncturing rescue culture?	Look Chan Ho