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    The Court of Appeal recognises that the illegality defence is still uncertain and in urgent need of review by the Supreme Court
    2015-11-27

    This Court of Appeal decision in (1)TopBrandsLtd(2) LemioneServicesLtdv (1) Gagen Dulari Sharma (2) Barry John Ward (as former liquidators of Mama Milla Ltd) (2015) is noteworthy as it underlines that the “illegality defence” is still in a state of flux and in need of clarification by the Supreme Court.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Tax, Clyde & Co LLP, Fiduciary, Insolvency Act 1986 (UK)
    Authors:
    Simon Konsta
    Location:
    United Kingdom
    Firm:
    Clyde & Co LLP
    Validity of mortgages established on vessels owned by company in bankruptcy
    2014-05-29

    On 21 October 2013, the financially troubled company Hainan PO Shipping applied for bankruptcy and winding up before the People’s Court of Hainan Yangpu Economic & Development Zone (“Yangpu Court”). The Yangpu Court approved the application on 31 October 2013, and the Court has since nominated the administrators of Hainan PO Shipping.

    Filed under:
    China, Insolvency & Restructuring, Litigation, Shipping & Transport, Clyde & Co LLP, Bankruptcy, Mortgage loan, State-owned enterprise
    Authors:
    Ik Wei Chong , Leslie Shen
    Location:
    China
    Firm:
    Clyde & Co LLP
    Judicial Reorganisation in the midst of the COVID-19 pandemic: a Brazilian perspective
    2020-12-08

    The COVID-19 pandemic has brought disruption and economic hardship to several businesses around the globe. In Brazil, the effects of lockdown and restriction measures by the Governments have caused numerous companies to file for bankruptcy or judicial reorganisation, the latter being the legal restructuring instrument which aims to assist companies to continue their activities and avoid becoming bankrupt.

    Relevant Aspects of the Judicial Reorganisation process

    Filed under:
    Brazil, Insolvency & Restructuring, Clyde & Co LLP, Bankruptcy, Coronavirus
    Location:
    Brazil
    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
    Real Estate Bulletin - November 2019 - Landlords prove unsuccessful in challenging Debenhams’ CVA despite its somewhat draconian provisions
    2019-11-13

    Discovery (Northampton) Ltd & others v Debenhams Retail Ltd & others [2019] EWHC 2441(Ch)

    Company Voluntary Arrangements (“CVAs”) are seen as most unfair by landlords who are often forced to continue to make a supply of premises at an imposed reduced rent.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Real Estate, Clyde & Co LLP, Landlord
    Authors:
    Keith Conway
    Location:
    United Kingdom
    Firm:
    Clyde & Co LLP
    Security for Costs - Progas Energy v Islamic Republic of Pakistan
    2018-02-09

    Case Alert - [2018] EWHC 209 (Comm)

    Judge considers whether security for costs/payment into court should be made pending a challenge to an arbitral award

    Filed under:
    United Kingdom, Arbitration & ADR, Insolvency & Restructuring, Litigation, Clyde & Co LLP
    Location:
    United Kingdom
    Firm:
    Clyde & Co LLP
    Obtaining information on an opponent’s insurance arrangements - has the door been closed?
    2017-05-24

    There have been a number of cases in recent years in which a party has sought to utilise the provisions of the CPR in order to obtain information on the opposing party's insurance arrangements, rather than waiting for that party to go insolvent in order to use the procedures provided by the Third Parties Rights Act 1930 or 2010. The recent case of Peel Port Shareholder Finance Co v Dornoch Ltd [2017] EWHC 876 (TCC) looks at this again in light of the discretion which Judges have under CPR31.16 for applications for pre-action disclosure and attempts to shut the door on such actions.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Insurance, Litigation, Clyde & Co LLP, High Court of Justice
    Location:
    United Kingdom
    Firm:
    Clyde & Co LLP
    Hanjin Shipping - Current jurisdictional status and options - China
    2016-10-04

    The Chinese Maritime Courts are not obliged to recognise and/or enforce foreign courts' orders, therefore Hanjin's creditors could still arrest Hanjin-related vessels in China if they have maritime claims (recognised under Chinese law) against the registered owners and/or bareboat charterers of the said vessels.

    Container leasing companies and bunker suppliers could also file applications in order to request that the corresponding Chinese Maritime Courts order Hanjin to return the leased containers to Hanjin or the bunkers supplied to Hanjin in certain circumstances.

    Filed under:
    China, Insolvency & Restructuring, Litigation, Shipping & Transport, Clyde & Co LLP
    Authors:
    Ik Wei Chong
    Location:
    China
    Firm:
    Clyde & Co LLP
    STX Offshore court rehabilitation
    2016-06-01

    On 27 May 2016, South Korea's STX Offshore & Shipbuilding Co. ("STX OS"), once the country's fourth-largest shipbuilding firm by revenue, filed for court-supervised rehabilitation, in the Seoul Central District Court.

    Filed under:
    South Korea, Insolvency & Restructuring, Litigation, Clyde & Co LLP, Debt, Unsecured creditor, Court of Appeal of Singapore
    Authors:
    Prakash Pillai , Junxiang Koh
    Location:
    South Korea
    Firm:
    Clyde & Co LLP
    “UNIVERSAL QUEEN” - English Court varies a recognition of Korean insolvency proceedings order in support of London arbitration
    2015-11-26

    An order recognising South Korean insolvency proceedings involving a shipping company, which had the effect of staying the commencement of actions against the company, was varied so that parties who had contracted with a Korean ship operator could pursue claims against it in London arbitration1.

    Background

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

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