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    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
    Location:
    Australia
    Firm:
    Clyde & Co LLP
    Commencement of Singapore's Insolvency, Restructuring And Dissolution Act
    2020-07-30

    The Insolvency, Restructuring and Dissolution Bill was passed in the Parliament on 1 October 2018 and assented to by the President on 31 October 2018. Today, i.e. 30 July 2020, the Insolvency, Restructuring and Dissolution Act 2018 (IRDA) will finally come into effect. In this article, which is the first of five in a series of articles covering various aspects of IRDA, we will provide an overview of its main features.

    History of Singapore’s insolvency regime

    Filed under:
    Singapore, Company & Commercial, Insolvency & Restructuring, Clyde & Co LLP, Coronavirus
    Authors:
    Prakash Pillai , Junxiang Koh
    Location:
    Singapore
    Firm:
    Clyde & Co LLP
    Covid-19 Singapore: government proposes monumental temporary relief from commercial disputes
    2020-04-01

    The Ministry of Law in Singapore has announced that it will introduce a bill to the Parliament next week to offer temporary relief to businesses and individuals who are unable to fulfil their contractual obligations because of the COVID- 19 pandemic.

    The proposed bill includes:

    Filed under:
    Singapore, Company & Commercial, Insolvency & Restructuring, Clyde & Co LLP, Coronavirus
    Authors:
    Ian Roberts , Prakash Pillai
    Location:
    Singapore
    Firm:
    Clyde & Co LLP
    Scheme of Arrangement: Stronghold Insurance Co Ltd, Re
    2018-11-09

    Judge decides whether an insurance company proposing a scheme of arrangement should convene a single class meeting of creditors

    Filed under:
    United Kingdom, Insolvency & Restructuring, Insurance, Litigation, Clyde & Co LLP, Companies Act 2006 (UK)
    Location:
    United Kingdom
    Firm:
    Clyde & Co LLP
    Over-valuations: back to basics with the Supreme Court
    2017-12-06

    In Tiuta International Limited (in liquidation) v De Villiers Surveyors Limited [2017] UKSC 77 the Supreme Court reminded us that the measure of damages is that which is required to restore the claimant as nearly as possible to the position that he would have been in if he had not sustained the wrong.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Litigation, Clyde & Co LLP, Liquidation, UK Supreme Court
    Location:
    United Kingdom
    Firm:
    Clyde & Co LLP
    Claim relating to distribution in specie not timebarred: Burnden Holdings (UK) Ltd (In Liquidation) v (1) Gary John Fielding (2) Sally Anne Fielding (2016)
    2016-10-26

    A company in liquidation appealed against a decision that its claim against the directors, for breach of fiduciary or statutory duty in relation to distribution in specie of the claimant company’s shareholding in another company, was time-barred.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Clyde & Co LLP, Fiduciary, Liquidation, Limitation Act 1980 (UK)
    Location:
    United Kingdom
    Firm:
    Clyde & Co LLP
    Update: Swiber Holdings Limited - What next?
    2016-08-02

    This is a follow-up to our previous client update on Swiber Holdings Limited written on 29 July 2016. To view our previous update, please click here.

    Filed under:
    Singapore, Insolvency & Restructuring, Litigation, Clyde & Co LLP, Liquidation, Singapore High Court
    Authors:
    Prakash Pillai , Junxiang Koh
    Location:
    Singapore
    Firm:
    Clyde & Co LLP
    Obligations to subsidiary companies, where does the duty to act end?
    2016-02-02

    The Western Cape High Court[1] has recently passed judgment in a decision which reiterates the bounds of the duties of directors of holding companies to subsidiary companies.  Even though the case involved a damages claim against the liquidators of the holding company (in liquidation), the principle applies equally to directors.

    Filed under:
    South Africa, Company & Commercial, Insolvency & Restructuring, Litigation, Clyde & Co LLP, Shareholder, Board of directors, Holding company, Subsidiary
    Location:
    South Africa
    Firm:
    Clyde & Co LLP
    Insurance intermediary insolvency: A CASS Act
    2015-05-12

    First publised in CRI

    Filed under:
    United Kingdom, Insolvency & Restructuring, Insurance, Litigation, Clyde & Co LLP, Reinsurance, Insolvency Act 1986 (UK), UK Supreme Court
    Location:
    United Kingdom
    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
    Location:
    South Africa
    Firm:
    Clyde & Co LLP

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