
"What comprises an ‘unregistered company’ under section 220(1) of the Insolvency Act 1986? (East Riding of Yorkshire Council v KMG)"
Section 221(1) of the Insolvency Act 1986 empowers the court to wind up an “unregistered company” – defined in section 220(1) as including “any association and any company, with the exception of a company registered under the Companies Act 2006 in any part of the United Kingdom”.
What is the ambit of section 220(1)? In an analysis for LexisNexis UK, Daniel Lightman KC and Oliver Caplan (of 18 St John Street Chambers ) consider this question by reference to the recent judgment of Richard Smith J in East Riding of Yorkshire Council as administrating authority of the East Riding Pension Fund v KMG SICAV-SIF-SA [2024] EWHC 2845 (Ch), in which they represented the successful respondent, instructed by Ben Gold, Caroline Shiffner and Sarah Herniman of RPC.
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As part of a broad Chancery-Commercial practice, Daniel Lightman KC engages with challenging and novel issues of law and civil procedure, in particular concerning shareholder disputes (having appeared in a number of landmark unfair prejudice petitions and derivative claims), company law (including in matrimonial proceedings), insolvency, civil fraud, breach of fiduciary duty and professional negligence.
Shortlisted for Company/Insolvency Silk of the Year in the Chambers & Partners UK Bar Awards in both 2026 and 2024 and shortlisted for Chancery Silk of the Year in the Legal 500 Bar Awards 2026, Daniel is recommended in Band 1 for Silks for Company by both Chambers UK, 2027 and the Legal 500, 2027 – and in Band 1 for Chancery Commercial by Chambers. Chambers UK, 2027 describes him as “A go-to silk for high value, complex disputes who leads the pack on shareholder disputes. He has great judgement and always furnishes reliable advice” and praises him for “constantly identifying innovative solutions to complex problems” and building “outstanding relationships with the wider legal team.”
Daniel has an extensive international practice, including current or recent shareholder litigation in the courts of Abu Dhabi, Bermuda, Cayman, Guernsey and Qatar, and a multi-shareholder arbitration in Hong Kong.
Call: 1995
Silk: 2016