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    Disclosure of Insurance Details
    2017-09-07

    Litigation is full of uncertainty. Even the strongest case carries risks and a primary consideration when embarking on any litigation is whether the proposed defendant is able to pay.

    If your business is being pressed to disclose details of your insurance coverage prior to a claim being brought against it are you obliged to do so?

    The recent case of Peel Port Shareholder Finance Company Ltd. v Dornoch Ltd gave the High Court the opportunity to consider whether a public liability insurance policy is something that should be disclosed pre litigation.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Insurance, Litigation, Ashfords LLP
    Authors:
    Flora Wood
    Location:
    United Kingdom
    Firm:
    Ashfords LLP
    Re Nortel Networks UK Ltd & Ors [2017] EWHC 1429 (Ch)
    2017-08-29

    It was ordered that the Administrators could distribute to unsecured creditors, 8 years after Nortel entered Administration, so long as a reserve was maintained in relation to potential expense claims.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Ashfords LLP, Unsecured debt, High Court of Justice (England & Wales)
    Authors:
    Olivia Bridger
    Location:
    United Kingdom
    Firm:
    Ashfords LLP
    Re Diffraction Diamonds DMCC [2017] EWHC 1368 (Ch)
    2017-06-27

    A case of two companies, one incorporated in Dubai and the other in England, involved in a network of businesses producing contrived fancy colour diamond valuations were eventually wound up by English courts in the interest of the public.

    Filed under:
    United Kingdom, England, Insolvency & Restructuring, Litigation, Ashfords LLP, Liquidation
    Authors:
    Sarah Shrimpton
    Location:
    United Kingdom
    Firm:
    Ashfords LLP
    In re Karhoo Inc, No 16-13545 (Bankr. S.D.N.Y. 2016)
    2017-05-24

    Karhoo, a US incorporated company able to benefit from the Chapter 15 US bankruptcy code provision for foreign insolvency proceedings following UK Administration.

    Filed under:
    United Kingdom, USA, Insolvency & Restructuring, Litigation, Ashfords LLP
    Authors:
    Alan Bennett , Sarah Shrimpton
    Location:
    United Kingdom, USA
    Firm:
    Ashfords LLP
    WellGrain Limited (In Administration)
    2017-05-30

    On 2 March Cambridgeshire-based merchant WellGrain went into administration, reportedly owing at least £15m to almost 300 creditors, many of those being farmers.

    The administrators' report has now been published and indicates that the unsecured creditors - including some 155 farmers - will expect to receive between 1.4 - 6.7 pence for every pound they are owed.

    It is an announcement which will no doubt be met with dismay by those creditors. However, it is not unusual that unsecured creditors of an insolvent company will receive little or no payment.

    Filed under:
    United Kingdom, Agriculture, Insolvency & Restructuring, Ashfords LLP, Unsecured debt, Unsecured creditor
    Authors:
    Katie Farmer
    Location:
    United Kingdom
    Firm:
    Ashfords LLP
    Insolvency Rules 2016 - Debt Relief Orders
    2017-04-27

    The procedure for Debt Relief Orders ("DRO") is unchanged, possibly because it is a comparatively new process having only come into force in 2009. However there has been some shuffling of rules numbers, in an effort to regularise and make the structure more logical.

    Eligibility

    To be granted a DRO, the debtor:

    Filed under:
    United Kingdom, Insolvency & Restructuring, Ashfords LLP
    Authors:
    Katie Farmer
    Location:
    United Kingdom
    Firm:
    Ashfords LLP
    Insolvency Rules 2016 - Applications to Court for Appointment of Administrators
    2017-04-28

    The procedure for an application to Court for the appointment of an Administrator pursuant to paragraph 12 of Schedule B1 IA 86 is covered by r3.3-3.15 of the 2016 rules.

    Key points to note:

    Filed under:
    United Kingdom, Insolvency & Restructuring, Ashfords LLP
    Authors:
    Katie Farmer
    Location:
    United Kingdom
    Firm:
    Ashfords LLP
    Insolvency Rules 2016 - Re-use of company names
    2017-04-24

    Section 216 continues to apply to prohibit the re-use of a name or sufficiently similar name where oldco and newco have common directors.

    The relevant rules now dealing with the exceptions are contained in new rules 22.1 - 22.7.

    The three exceptions remain broadly the same but there are some key differences to note.

    Exceptions to the prohibition

    Filed under:
    United Kingdom, Insolvency & Restructuring, Ashfords LLP
    Authors:
    Katie Farmer
    Location:
    United Kingdom
    Firm:
    Ashfords LLP
    Insolvency Rules 2016 - Application for income payments orders and income payments agreements
    2017-04-26

    The rules relating to income payment orders ("IPO") and income payment agreements ("IPA") are largely unchanged. The time periods dictated in the old rules for IPOs and IPAs remain the same, however there are some added requirements in the new rules, particularly in relation to the contents of notices and orders.

    Rule 10.109 Application for income payments order (section 310)

    […]

    (4) the notice to the bankrupt must be authenticated and dated by the trustee.

    Rule 10.110 Order for income payments order

    Filed under:
    United Kingdom, Insolvency & Restructuring, Ashfords LLP
    Authors:
    Olivia Bridger
    Location:
    United Kingdom
    Firm:
    Ashfords LLP
    Proposing an IVA
    2017-04-13

    There are changes to the Act mainly designed to bring in the required changes following the abolition of physical meetings in the first instance.

    Approval is now by a creditors decision making procedure namely -

    1. Correspondence;
    2. Electronic Voting; or
    3. Virtual Meeting.

    Contents of the Proposal

    Any proposal must comply with the general principles set out in rule 8.2I IR2016 -

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Ashfords LLP
    Authors:
    Alan Bennett
    Location:
    United Kingdom
    Firm:
    Ashfords LLP

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