The Personal Property Securities Register (“PPSR”) has operated for several years, but defective registrations remain a (sometimes serious) problem for many of those looking to protect their interests. Unlike with real property, the PPSR has no title registrars who will requisition faulty forms. The responsibility for noticing mistakes lies with the party attempting to protect their interests.

A recent decision of the High Court has ended an insurer’s fight to avoid being joined to insolvent trading proceedings. This decision confirms the ability of liquidators to directly pursue proceeds of insurance policies held by insolvent insured defendant directors and has important ramifications for insolvency practitioners as well as insurers and litigation funders.

Summary

In the matter of Fat 4 Pty Limited (In Liquidation)

A recent case in the Supreme Court of Victoria has provided some relief for liquidators seeking to add a defendant to a voidable transaction claim after the expiry of the limitation period in circumstances where the wrong defendant was sued by mistake. In such circumstances, liquidators can substitute the incorrect party for the desired defendant without being time barred by s 588FF(3) of the Corporations Act, irrespective of whether the liquidator’s mistake as to the correct party was reasonable.

The effect of EU law on UK insolvencies is, as a general rule, limited to cross-border issues. Within the EU, the EC Regulation on Insolvency Proceedings governs all the main jurisdictional and choice of law questions that arise in international insolvencies (with the exception of the insolvencies of banks, insurers and certain investment companies).

Veidojot tiesiskumā balstītu uzņēmējdarbības vidi, Ārvalstu investoru padome Latvijā (ĀIPL) organizēja paneļdiskusiju un augsta līmeņa tikšanos valdībā, turpinot jau ilggadējo sadarbību ar nolūku sekmēt kvalitatīvu investīciju piesaisti.

26. maija paneļdiskusijā biroja vecākais partneris Māris Vainovskis pārstāvēja ĀIPL tiesu sistēmas efektivitātes un investīciju aizsardzības darba grupu par tiesiskuma jautājumiem Latvijā.

2016 is turning out to be a year of significant reform of insurance law. The Insurance Act comes into force on 16 August 2016 and now we know that the Third Parties (Rights against Insurers) Act 2010 will finally come into force on 1 August 2016, having been updated by the Third Parties (Rights against Insurers) Regulations 2016.

2016 is turning out to be a year of significant reform of insurance law. The Insurance Act comes into force on 16 August 2016 and now we know that the Third Parties (Rights against Insurers) Act 2010 will finally come into force on 1 August 2016, having been updated by the Third Parties (Rights against Insurers) Regulations 2016.

KEY POINTS

Bankroto įstatymo pakeitimai

Amendments to the Enterprise bankruptcy law