As the dust begins to settle after the EU referendum and the potential ramifications of Brexit continue to be digested, we examine the potential impact of Brexit on the UK cross-border restructuring and insolvency regime and its consequences for the UK’s reputation as a leading creditor-friendly restructuring jurisdiction.
European Union, United Kingdom, Insolvency & Restructuring, Public, CMS Cameron McKenna Nabarro Olswang LLP, Brexit, European Commission, Insolvency Act 1986 (UK)
In the recent case Blue Monkey Gaming v Hudson & Others the High Court held that the responsibility of identifying and proving title to goods under retention of title clause falls solely on the seller, not the administrators dealing with an insolvency.
Background
United Kingdom, Insolvency & Restructuring, Litigation, CMS Cameron McKenna Nabarro Olswang LLP, Title retention clause, High Court of Justice (England & Wales)