Insolvency

21 July 2026
A last-minute business rescue won't always stop a liquidation
A company facing a winding-up brought a business rescue application days before the hearing. The High Court refused it — and set out what a company must actually prove to be rescued, and why an arbitration clause won't shield it from liquidation.
15 July 2026
Liquidation is not a tool for collecting a disputed debt
One of the most cited rules in our winding-up law began with an unpaid salary of £120 and a one-day letter of demand. Badenhorst is the case everyone quotes and almost no one reads. Here are the facts, and the principle that grew out of them.
27 March 2026
One insolvent, two countries: when a South African "surplus" is not really a surplus
When someone is insolvent in two countries, is the money left in the South African estate a "surplus" that returns to them? In Scheer v Wagner the SCA said no — not while the foreign estate is still in deficit.