2020 was a crippling year for the aviation industry. With daily cash burn running into the tens of millions of dollars for many airlines, access to liquidity has been critical as treasury teams and fleet managers juggle expenses with decimated revenue. Many governments pledged state aid but what has been delivered to date has simply not been enough.
The ‘Golden Goose’
In the recent judgment of the ECSC in the matter of Sumner Group Mining Limited v Zica S.A (BVIHC (Com) 2020/0171, Walkers successfully represented the respondent in defending an application to set aside a statutory demand. Jack J provided helpful guidance on the legal principles in circumstances where it is alleged that a statutory demand had been served improperly for a collateral purpose.
The applicant sought to set aside a statutory demand on the basis of either:
Introduction
Petitioner
Insolvency
Just and equitable
Consequences of presentation of a petition
Grand Court's discretion
The Guernsey Royal Court recently handed down judgment which brought to an end an important chapter in a long-running dispute regarding control of the exploration and exploitation of the oil and gas reserves of Georgia. The case involved a rare blessing application under section 426 of the Companies Law in an insolvency context, enabling the liquidator to get their decision blessed by the Royal Court.
What are the main Jersey insolvency procedures for a Jersey company?
What is the effect of commencement of Jersey insolvency procedures?
What are the powers of the liquidators or the viscount?
What transactions can be set aside?
How are assets distributed on a creditors' winding up or désastre?
The Grand Court of the Cayman Islands (the "Court") recently handed down a decision in the case of BDO Cayman Ltd. and BDO Trinity Ltd. v Ardent Harmony Fund Inc. (In Official Liquidation). This case provides helpful guidance on the exercise of the Court's discretion to grant leave to commence proceedings against a company in liquidation.
Background
Practical Effects Of Significant Reforms To Guernsey’s Insolvency Law With reference to practical examples from England & Wales, this briefing note seeks to highlight three areas of change that will be of particular interest to Insolvency Practitioners, directors involved with Guernsey companies and their professional advisors once the Companies (Guernsey) Law, 2008 (Insolvency) (Amendment) Ordinance, 2020 (the “Ordinance”) comes into force. Enhanced Investigatory Powers The Ordinance extends insolvency professionals’ powers in four important respects.