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    Commercial Dispute Resolution - UK News
    2016-09-26

    The Briggs Report

    The final report of Lord Justice Briggs' LJ's Civil Courts Structure Review was published on 27 July 2016. Lord Justice Briggs identifies five main weaknesses of the civil courts structure, namely:

    Filed under:
    United Kingdom, Human Rights, Insolvency & Restructuring, Insurance, Litigation, Clyde & Co LLP, Dispute resolution
    Location:
    United Kingdom
    Firm:
    Clyde & Co LLP
    Ro-Bal Steel Fabrications Ltd v G Jones Site Services Ltd [2016] EWHC 292 (Ch)
    2016-05-13

    In another case involving a winding-up petition, the petition was dismissed, after the court found there was a dispute as to whether the statutory payment scheme applied to the contract.  The contractual arrangements between the parties were not formally documented, but there was a basic agreement as to the scope and price of the works, which arose out of a subcontract between Ro-Bal and main contractor McAlpines to provide fabrication and erection of steelworks at two sites.  At one site the works were completed and paid for, but at the other there was a dispute regarding payment

    Filed under:
    United Kingdom, Arbitration & ADR, Construction, Insolvency & Restructuring, Litigation, Clyde & Co LLP
    Location:
    United Kingdom
    Firm:
    Clyde & Co LLP
    Irish Court of Appeal considers whether the existence of an ATE policy defeated an application for security for costs
    2015-08-20

     Introductory remarks

    Filed under:
    Ireland, Insolvency & Restructuring, Insurance, Litigation, Clyde & Co LLP
    Location:
    Ireland
    Firm:
    Clyde & Co LLP
    UK pensions update: Supreme Court rules in Nortel and Lehman appeals
    2013-08-14

    The Supreme Court has ruled that Financial Support Directions issued by the Pensions Regulator against insolvent companies can be claimed as provable debts in the insolvency process. The previous decisions of the High Court and Court of Appeal that they were to be paid as insolvency expenses have been overruled.

    The decision was handed down in the Court’s judgment on the latest appeal in the long-running Nortel and Lehman saga, which arose out of a grey area in the elaborate statutory system for the funding of defined benefit pension schemes.

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Clyde & Co LLP, Debt, Liability (financial accounting), The Pensions Regulator, SCOTUS
    Authors:
    Mark Howard
    Location:
    United Kingdom
    Firm:
    Clyde & Co LLP
    COVID-19 Stocktake - projects & construction
    2020-08-14

    In light of the fast moving pace of developments on COVID-19, and the varying degrees to which information is available to our clients in the projects & construction sector in relation to its impact on their operations, we will be circulating a regular update that addresses the following:

    Filed under:
    Ireland, United Kingdom, Construction, Employment & Labor, Healthcare & Life Sciences, Insolvency & Restructuring, Litigation, Projects & Procurement, Clyde & Co LLP, Coronavirus, Technology and Construction Court
    Location:
    Ireland, United Kingdom
    Firm:
    Clyde & Co LLP
    COVID-19 UK: Protecting your JV operations - Insolvency and Default
    2020-04-07

    As the prevalence of COVID-19 continues to grow worldwide, together with the resulting social and business restrictions, the inevitable fallout will be a failure to achieve business plans and an increase in business insolvencies.

    The UK Chancellor, Rishi Sunak, stated whilst unveiling recent plans for a £330bn economic boost in light of the pandemic, “this is an economic emergency. Never in peacetime have we faced an economic fight like this one".

    Filed under:
    United Kingdom, Corporate Finance/M&A, Insolvency & Restructuring, Litigation, Clyde & Co LLP, Force majeure, Coronavirus
    Location:
    United Kingdom
    Firm:
    Clyde & Co LLP
    English High Court grants recognition to solvent investment fund ([2019] EWHC 1215 (Ch))
    2019-05-17

    Judgment was handed down in the High Court this morning, in a case where recognition of a winding-up of a solvent foreign investment fund was granted under the Cross-Border Insolvency Regulations 2006 ("CBIR").

    This is the first time that the English Court has examined in detail the UNCITRAL Model Law on insolvency and the interplay with its Guides to Enactment, as well as case law from various jurisdictions concerning its application to solvent scenarios. Mrs Justice Falk found that:

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, Clyde & Co LLP, Investment funds, UNCITRAL, High Court of Justice
    Authors:
    Andrew Foster
    Location:
    United Kingdom
    Firm:
    Clyde & Co LLP
    Brian Glasgow v ELS Law: Court holds insurers are not entitled to a lien for unpaid premium due from insolvent insured
    2017-12-12

    An insolvent company obtained damages in a professional negligence claim against its solicitors. That claim had been pursued with the benefit of various insurance arrangements (including ATE insurance). The insurers sought recovery of unpaid premium but the bankruptcy trustee of the company argued that they were only unsecured creditors in respect of the proceeds.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Insurance, Litigation, Professional Negligence, Clyde & Co LLP
    Location:
    United Kingdom
    Firm:
    Clyde & Co LLP
    New UAE Bankruptcy Law - how are creditors protected?
    2016-11-23

    In our previous two briefings on the Bankruptcy Law, we have looked at a summary of the key changes made by the Law, and the potential personal liability faced by directors of UAE companies in financial difficulty. In this briefing, we turn to creditor protection.

    Filed under:
    United Arab Emirates, Banking, Insolvency & Restructuring, Clyde & Co LLP
    Location:
    United Arab Emirates
    Firm:
    Clyde & Co LLP
    Interim Recognition of Hanjin Shipping’s rehabilitation proceedings in Singapore
    2016-09-19

    In a landmark judgment on 9 September 2016, the High Court of Singapore exercised its inherent jurisdiction to grant, on an ex parte basis, interim orders for the recognition of the Hanjin Shipping Co Ltd (Hanjin Shipping) Korean rehabilitation proceedings in Singapore.

    Filed under:
    Singapore, South Korea, Insolvency & Restructuring, Litigation, Shipping & Transport, Clyde & Co LLP, Singapore High Court
    Authors:
    Prakash Pillai , Junxiang Koh
    Location:
    Singapore, South Korea
    Firm:
    Clyde & Co LLP

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