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    The limitation clock keeps tick-tocking: more judicial authority on time continuing to run against the insurer of an insolvent party
    2022-09-22

    In June 2021, we published an article (here)about the positive implications for insurers of our win in an unreported County Court case[1] in which the Deputy District Judge held that an insured’s insolvency did not have the effect of “pausing” the limitation clock from that date in relati

    Filed under:
    United Kingdom, Insolvency & Restructuring, Insurance, Litigation, Clyde & Co LLP, Insolvency, Limitation Act 1980 (UK)
    Authors:
    Louisa Robbins
    Location:
    United Kingdom
    Firm:
    Clyde & Co LLP
    The impact of rising inflation and insolvency on the construction insurance market
    2022-05-31

    The challenges faced by the construction industry are continuing to grow and insiders wonder when the storm is going to hit. For some, like Probuild, it already has. Rising inflation and the increasing cost of debt, labour shortages, supply chain delays and escalating cost of freight and materials are putting the industry under enormous pressure. Simultaneously Governments have invested heavily in building and construction to maintain growth in the economy.

    Filed under:
    Australia, Construction, Insolvency & Restructuring, Insurance, Clyde & Co LLP, Supply chain, Due diligence
    Authors:
    Nicole Wearne , Sarah Metcalfe
    Location:
    Australia
    Firm:
    Clyde & Co LLP
    Anchorage Capital Master Offshore Ltd v Sparkes (No 3); Bank of Communications Co Ltd v Sparkes (No 2) [2021] NSWSC 1025
    2021-12-21

    In the case of Anchorage Capital Master Offshore Ltd v Sparkes (No 3); Bank of Communications Co Ltd v Sparkes (No 2) [2021] NSWSC 1025 (Anchorage v Sparkes), the Supreme Court of NSW considered the obligations of company officers to sophisticated commercial lending entities, and whether company officers could be personally liable for making misleading statements.

    Significance

    Filed under:
    Australia, New South Wales, Insolvency & Restructuring, Litigation, Clyde & Co LLP
    Authors:
    Jacques Jacobs
    Location:
    Australia
    Firm:
    Clyde & Co LLP
    South African SCA overturns High Court decision to place JP Markets into Liquidation
    2021-10-22

    On 20 October 2021, the Supreme Court of Appeal (“the SCA”) handed down a judgement in the matter of JP Markets v FSCA (Case no 460/2021) [2021] ZASCA 148 (20 October 2021) in terms of which the SCA set aside the decision of the High Court to place JP Markets (Pty) Ltd (“JP Markets”) into liquidation, finding that it was not just and equitable.

    Filed under:
    South Africa, Insolvency & Restructuring, Litigation, Clyde & Co LLP
    Authors:
    Nicole Britton , Kate Swart , Ernie Van Der Vyver
    Location:
    South Africa
    Firm:
    Clyde & Co LLP
    Landmark bankruptcy decision in the Dubai courts - personal liability of Directors and Officers
    2021-10-12

    In a landmark bankruptcy case judgment issued on 10 October 2021 the Dubai Court of First Instance has held the directors and managers of an insolvent Dubai-based PJSC to be personally liable to pay the outstanding debts of the previously listed company (now in liquidation) pursuant to the UAE Bankruptcy Law. This decision represents a very significant milestone in the UAE insolvency landscape since the enactment of the Bankruptcy Law in late 2016, being the first known instance of a case where such personal liability has been ordered.

    Filed under:
    United Arab Emirates, Dubai, Company & Commercial, Insolvency & Restructuring, Litigation, Clyde & Co LLP
    Authors:
    Ian Chung
    Location:
    United Arab Emirates
    Firm:
    Clyde & Co LLP
    Payment order claims: a setback to creditors’ position before the Dubai summary judge
    2021-06-16

    On 9 June 2021, the Dubai Court of Cassation adopting a restrictive interpretation of the UAE Federal Law No 11 of 1992 and its amendments (the Civil Procedure Code) has added a requirement for the success of a debt recovery claim through a payment order application to the summary judge: there must be written evidence that the debt was either accepted or acknowledged by the debtor. This article provides an overview of the legal requirements of the payment order claim and what this new requirement of the Dubai Court of Cassation means for creditors in Dubai.

    Filed under:
    United Arab Emirates, Dubai, Insolvency & Restructuring, Litigation, Clyde & Co LLP
    Authors:
    Keith Hutchison , Sherif Maher
    Location:
    United Arab Emirates
    Firm:
    Clyde & Co LLP
    Corporate Rescue is alive and well - Why the New Look and Virgin Active cases matter
    2021-05-17

    The High Court has given its blessing, in two recent cases, to ever more creative company restructuring – which will be a relief to occupational tenants as they look to emerge from COVID, but will likely give landlords cause for concern.

    What happened in the New Look case?

    Filed under:
    United Kingdom, Insolvency & Restructuring, Clyde & Co LLP, Corporate governance, Coronavirus
    Authors:
    Keith Conway , Jeremy Stephen
    Location:
    United Kingdom
    Firm:
    Clyde & Co LLP
    New legislation in Germany: SanInsFoG follows COVInsAG - which changes managers and directors and their D&O insurers need to consider
    2021-04-19

    The COVID-19 pandemic is also keeping legislators on their toes, who are continuing to try to mitigate the impact of the pandemic on the economy. The focus was initially on the temporary suspension of the obligation to file for insolvency by the COVID-19 Insolvency Suspension Act (COVInsAG). Following on from this, with the Act on the Further Development of Restructuring and Insolvency Law (SanInsFoG), which came into force on 1 January 2021, the legislator has further modified obligations of conduct and, correspondingly, the liability of managing directors in the crisis of the company.

    Filed under:
    Germany, Company & Commercial, Insolvency & Restructuring, Litigation, Clyde & Co LLP, Coronavirus
    Authors:
    Dr. Daniel Kassing, LL.M.
    Location:
    Germany
    Firm:
    Clyde & Co LLP
    UAE Bankruptcy Law Update - Emergency Financial Crisis
    2021-03-08

    On 22 October 2020, the UAE government made various changes to the UAE Bankruptcy Law*, including the concept of Emergency Financial Crisis (EFC). Subsequently, on 10 January 2021, the UAE Cabinet declared the existence of an EFC in the UAE. In this article, Partners Michael Morris and Keith Hutchison explore how this declaration may impact on debtors and creditors.

    Emergency Financial Crisis

    One of the key changes implemented was a power given to the UAE Cabinet to declare an EFC. An EFC is defined as:

    Filed under:
    United Arab Emirates, Insolvency & Restructuring, Litigation, Clyde & Co LLP, Bankruptcy
    Authors:
    Keith Hutchison , Michael Morris
    Location:
    United Arab Emirates
    Firm:
    Clyde & Co LLP
    Covid-19 South Africa: Can Business Rescue save your company from the impact of lockdown?
    2020-05-19

    The Covid-19 pandemic has had a devastating impact on the South African economy with several enterprises struggling to remain profitable. Their continued operation remains threatened by the imposition of trade restrictions pursuant to the national lockdown and South Africa’s subsequent economic downgrade to junk status.

    Filed under:
    South Africa, Insolvency & Restructuring, Clyde & Co LLP, Coronavirus
    Authors:
    Lauren Fine
    Location:
    South Africa
    Firm:
    Clyde & Co LLP

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