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New emergency rules: debtors can keep trading during insolvency
2023-02-07

Emergency legislation has introduced important changes to Hungarian insolvency laws that allow the debtor’s business to keep trading during insolvency.

The new rules apply to those debtors who are considered strategically important to the Hungarian economy and to those whose insolvency is declared under other emergency rules.

Filed under:
Hungary, Banking, Insolvency & Restructuring, CMS Cameron McKenna Nabarro Olswang LLP, Insolvency
Authors:
Erika Papp , Szabina Soptei
Location:
Hungary
Firm:
CMS Cameron McKenna Nabarro Olswang LLP
View Original Article
Supreme Court strikes out £116 million claim for breach of Quincecare duty as claimant held to have suffered no loss
2022-12-22

The UK Supreme Court has handed down its judgment in Stanford International Bank Ltd (In Liquidation) (Appellant)v HSBC Bank PLC (Respondent) [2022] UKSC 34, striking out a significant claim (£116m) for breach of the Quincecare duty on the grounds that the claimant had suffered no loss.

Filed under:
United Kingdom, Banking, Insolvency & Restructuring, Litigation, CMS Cameron McKenna Nabarro Olswang LLP, Liquidation, UK Supreme Court
Authors:
Tom Dane , Kushal Gandhi
Location:
United Kingdom
Firm:
CMS Cameron McKenna Nabarro Olswang LLP
View Original Article
Slovak case-low qualifies banks as related parties in insolvencies
2022-12-19

Finance companies in Slovakia have felt endangered since 2019 when the Regional Court in Košice, acting as a second instance court confirmed a lower-court ruling that a financial party could be qualified as a related party in the eventual insolvency of the borrower as debtor.

Filed under:
Slovakia, Banking, Insolvency & Restructuring, Litigation, CMS Cameron McKenna Nabarro Olswang LLP, Insolvency
Authors:
Michal Huťan , Zuzana Nikodemova
Location:
Slovakia
Firm:
CMS Cameron McKenna Nabarro Olswang LLP
View Original Article
Supreme Court rules on nature and timing of directors’ duty to consider creditors
2022-10-10

The Supreme Court’s long-awaited decision in the Sequana case (handed down on 5 October 2022)[1] is the first time that the UK’s highest court has been asked to consider the proposition that directors are, in certain circumstances, under a duty in respect of creditors’ interests as distinct from shareholders’ interests.

The key takeaway points from this ‘momentous decision for company law’ (the words of Lady Arden who gave one of the leading judgments) are:

Filed under:
United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, CMS Cameron McKenna Nabarro Olswang LLP, Insolvency
Authors:
Martin Brown , David Bridge , Julian Turner
Location:
United Kingdom
Firm:
CMS Cameron McKenna Nabarro Olswang LLP
View Original Article
“Wait and see” period coming to an end - comprehensive restructurings are on the way
2022-10-04

In the years since its independence, Ukraine's public and private sectors have faced one crisis after another. Notwithstanding different factors causing distress and incomparable peculiarities of each, restructuring has always remained one of the key mechanisms to make it through these difficult periods and get back on track. This includes the current crisis due to Russia’s invasion of Ukraine. Even in the present unprecedent environment, inaction is not a solution.

Filed under:
Ukraine, Banking, Insolvency & Restructuring, CMS Cameron McKenna Nabarro Olswang LLP
Authors:
Kateryna Chechulina
Location:
Ukraine
Firm:
CMS Cameron McKenna Nabarro Olswang LLP
View Original Article
Insolvency and business rates liability
2022-02-07

Business rates liability is complex and the question of who is liable if occupiers become insolvent is one that often arises during periods of economic uncertainty, such as the pandemic.

Business rates liability for insolvent companies

Business rates liability attaches to specific units of property known as “hereditaments”.

Filed under:
United Kingdom, Insolvency & Restructuring, Litigation, Real Estate, CMS Cameron McKenna Nabarro Olswang LLP
Location:
United Kingdom
Firm:
CMS Cameron McKenna Nabarro Olswang LLP
View Original Article
Financial Restructuring - Status Amid the Pandemic
2021-02-15

In response to the economic crisis caused by the COVID-19 pandemic, lawmakers very quickly started working on improving the legal framework to enhance existing and develop new restructuring instruments. Contrary to expectations, not that many restructurings actually took place in 2020, likely because of support made available to businesses.

Filed under:
Ukraine, Banking, Insolvency & Restructuring, Tax, CMS Cameron McKenna Nabarro Olswang LLP, Coronavirus
Authors:
Ihor Olekhov
Location:
Ukraine
Firm:
CMS Cameron McKenna Nabarro Olswang LLP
View Original Article
Court enforces ban on statutory demands before Bill is passed
2020-06-05

The government recently published its Corporate Insolvency and Governance Bill which includes a temporary “ban” on statutory demands. In its current form, the ban will prevent landlords and other creditors from relying on statutory demands served between 1 March and 1 month after the Bill becomes law. The Bill also includes provision to prevent the winding up of companies where their inability to pay is due to Covid 19.

Filed under:
United Kingdom, Insolvency & Restructuring, Litigation, Real Estate, CMS Cameron McKenna Nabarro Olswang LLP, Landlord
Authors:
Julie Gattegno
Location:
United Kingdom
Firm:
CMS Cameron McKenna Nabarro Olswang LLP
View Original Article
Cartel litigation: Important ruling that limitation can begin to accrue in advance of a regulator making an infringement decision
2020-02-03

On 25 February 2020, the High Court handed down an important ruling: Granville Technology Group Limited (In Liquidation) and Others v Elpida Memory (Europe) Gmbh and Others [2020] EWHC 415 (Comm). This is the first ruling by an English Court on how the Limitation Act 1980 should be applied to secret cartel claims.

Filed under:
United Kingdom, USA, Company & Commercial, Competition & Antitrust, Insolvency & Restructuring, Litigation, CMS Cameron McKenna Nabarro Olswang LLP, European Commission, US Department of Justice, HSBC
Location:
United Kingdom, USA
Firm:
CMS Cameron McKenna Nabarro Olswang LLP
View Original Article
Romanian government intends to adopt insolvency law amendments through emergency order
2018-09-14

A draft government ordinance amending the Romanian insolvency law was published on September 12. The bill is intended to increase recoverability of state receivables from insolvent companies and to reduce the debtor’s control over the proceedings.

One of the main changes relates to denying the existing right of the insolvent debtor to nominate an insolvency practitioner to be appointed as official receiver. Under the current procedure, it was mandatory for the insolvency court to follow debtor’s proposal, if the creditors did not make a proposal of their own.

Filed under:
Romania, Insolvency & Restructuring, CMS Cameron McKenna Nabarro Olswang LLP
Authors:
Horia Draghici
Location:
Romania
Firm:
CMS Cameron McKenna Nabarro Olswang LLP
View Original Article

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