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    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
    Third-Party Funding in the Context of Insolvency: Principles on When the Court Will Sanction Third Party Funding
    2020-07-24

    In recent years, there has been an increased interest in obtaining third-party funding to commence legal proceedings. The insolvency sector in particular has seen an increase in applications to court for approval of third-party funding agreements. In this article, we discuss how an insolvent entity may seek approval from the court for third-party funding to pursue legitimate claims.

    Third-party funding an important resource for insolvent companies

    Filed under:
    Singapore, Insolvency & Restructuring, Litigation, Clyde & Co LLP
    Authors:
    Prakash Pillai , Junxiang Koh
    Location:
    Singapore
    Firm:
    Clyde & Co LLP
    Coronavirus: Significant changes in German civil and insolvency law
    2020-03-31

    The Law to mitigate the consequences of the COVID 19 pandemic in civil, insolvency and criminal procedure law ("Gesetz zur Abmilderung der Folgen der COVID-19-Pandemie im Zivil-, Insolvenz- und Strafverfahrensrecht") was adopted by the German Bundestag on 25 March and approved by the Bundesrat representing the federal states on 27 March 2020. With its draft published by the German Federal government on 23 March 2020, the implementation was probably the fastest legislative procedure of such scope in the history of the Federal Republic.

    Filed under:
    Germany, Insolvency & Restructuring, Clyde & Co LLP, Coronavirus
    Location:
    Germany
    Firm:
    Clyde & Co LLP
    Insolvency exclusions
    2018-05-17

    The Financial Conduct Authority (FCA) has been conducting a review of the operation of the Financial Services Compensation Scheme (FSCS), seeking views as to how to reduce the number and value of claims falling to the FSCS and assessing how the scheme is funded, including the impact of professional indemnity insurance (PII).

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Clyde & Co LLP, Professional liability insurance, Financial Conduct Authority (UK)
    Authors:
    Laura Cooke
    Location:
    United Kingdom
    Firm:
    Clyde & Co LLP
    Security for Costs - Premier Motorauctions v PWC LLP (Court of Appeal)
    2017-11-23

    Case Alert - [2017] EWCA Civ 1872

    Court of Appeal orders security for costs where ATE insurance policy did not contain an anti-avoidance provision

    Filed under:
    United Kingdom, Insolvency & Restructuring, Insurance, Litigation, Clyde & Co LLP
    Location:
    United Kingdom
    Firm:
    Clyde & Co LLP

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