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    Is a Foreign Judgment Debt Sufficient Grounds for Bringing a Bankruptcy Petition within England and Wales?
    2024-04-08

    In the recent High Court case of Drelle v Servis-Terminal LLC [2024] EWHC 521 (Ch) the Court was asked to answer that very question. David Garner and Owen John of our Commercial Disputes Team analyse the outcome below.

    The case is of potential importance to UK businesses that conduct business outside of the UK.

    Background

    Filed under:
    Russia, United Kingdom, England & Wales, Insolvency & Restructuring, Litigation, Capital Law LTD
    Authors:
    David Garner
    Location:
    Russia, United Kingdom
    Firm:
    Capital Law LTD
    Restraining the Presentation of a Winding up Petition and Avoiding Insolvency Notices - When the Respondent’s Arguments Don’t Wash
    2024-02-06

    In the recent case of Just Trays Ltd v Emu Products Ltd [2024] EWHC 29 (Ch) (12th January 2024) the High Court was required to consider this type of application. David Garner reports on the case below.

    When a company owes a party money, one option open to it might be to issue a winding up petition against the debtor company.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Capital Law LTD, Confidential information, Winding-up
    Authors:
    David Garner
    Location:
    United Kingdom
    Firm:
    Capital Law LTD
    Delayed sanction hearing under Part 26A Companies Act 2006 - a rare sight!
    2023-12-07

    The High Court has recently considered and allowed the application of an opposing creditor to extend the time allocated for the hearing to sanction a restructuring plan under Part 26A of the Companies Act 2006. David Garner reports on the sanction hearing below.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Capital Law LTD, Insolvency, Companies Act 2006 (UK), Corporate Insolvency and Governance Act 2020
    Authors:
    David Garner
    Location:
    United Kingdom
    Firm:
    Capital Law LTD
    ‘Office Holder’ but not ‘Officer’
    2023-11-14

    On the 1st of November 2023 the Supreme Court published its judgment in the case of R (on the application of Palmer) (Appellant) v Northern Derbyshire Magistrates Court and another (Respondents) following a one-day hearing in March. Philip Jones and David Garner report on the hearing in this article.

    Filed under:
    United Kingdom, Compliance Management, Employment & Labor, Insolvency & Restructuring, Litigation, Capital Law LTD, Insolvency Act 1986 (UK)
    Authors:
    David Garner
    Location:
    United Kingdom
    Firm:
    Capital Law LTD
    High Court decides that satellites aren’t necessarily floating (charges)
    2023-05-11

    Relevant Facts

    Avanti Communications Limited (Company) appointed administrators to affect a sale. The sale included items under a ‘Relevant Assets’ definition. These items consisted of were a satellite payload, certain equipment used in the operation of network and ground station facilities, certain satellite network filings and certain ground station licences which entitled the company to operate the ground station assets.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Capital Law LTD, High Court of Justice (England & Wales)
    Authors:
    Christopher Lewis
    Location:
    United Kingdom
    Firm:
    Capital Law LTD
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