The Supreme Court has delivered a judgment providing welcome clarification on the construction and effect of section 123(2) of the Insolvency Act 1986 (the "balance-sheet" insolvency test) and its interaction with section 123(1)(e) of the Act (the "cash flow" insolvency test).
United Kingdom, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP, Debtor, Liability (financial accounting), Liquidation, Balance sheet, Insolvency Act 1986 (UK), UK Supreme Court
In Rubin v Eurofinance SA [2012] UKSC 46, the Supreme Court (by a majority of 4 to 1) reversed the Court of Appeal’s unanimous decision and held that the English court would not enforce a judgment made by the New York court in insolvency proceedings to which the defendant did not submit.
United Kingdom, USA, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP, Common law, Court of Appeal of England & Wales, UK Supreme Court