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August 2021: Supreme Court clarifies the parameters of the tort of lawful act economic duress; Competition Appeal Tribunal grants first ever Collective Proceedings Order; and Privy Council holds that the ‘reflective loss’ rule is a substantive rule of law

PH Insight for News and Analysis of the Latest Developments from the Courts of England and Wales for August 2021

In this edition. . .

United Kingdom, Insolvency & Restructuring, Litigation, Paul Hastings LLP, Coronavirus, European Commission, UK Supreme Court
Supreme Court Holds That a Non-Debtor Retaining a Debtor’s Property Does Not Exercise Control Over the Property in Violation of the Automatic Stay

In January 2020, we analyzed a split among the Circuit Courts regarding whether a non-debtor holding a debtor’s property on the petition date has an affirmative obligation under section 362(a)(3) of the Bankruptcy Code to return that property to the debtor immediately following the filing of the bankruptcy petition.

USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP