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    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
    (Re)insurance Weekly Update 35- 2016
    2016-10-10

    A summary of recent developments in insurance, reinsurance and litigation law.

    This Week's Caselaw

    Essar v Norscot: Court confirms that arbitrators can award the costs of litigation funding/time limits for challenging a corrected award

    https://www.lawtel.com/UK/FullText/AC9402034QBD(Comm).pdf

    Filed under:
    United Kingdom, Arbitration & ADR, Insolvency & Restructuring, Litigation, Clyde & Co LLP, Arbitration Act 1996 (UK)
    Authors:
    Nigel Brook
    Location:
    United Kingdom
    Firm:
    Clyde & Co LLP
    Swiber Holdings Limited in provisional liquidation
    2016-07-29

    Counterparties of Swiber Holdings Limited ("Swiber") and its group companies would do well to keep a close tab on any debts outstanding from the group.

    Swiber, an SGX-listed company in the oil fields services sector, issued an announcement in the early hours of Thursday 28 July 2016 stating that it filed an application in the Singapore High Court for a voluntary winding up on Wednesday afternoon, together with an application to place the company under provisional liquidation.

    Filed under:
    Singapore, Company & Commercial, Insolvency & Restructuring, Litigation, Clyde & Co LLP, Debt, Liquidation
    Authors:
    Prakash Pillai , Junxiang Koh
    Location:
    Singapore
    Firm:
    Clyde & Co LLP
    Legal Update - Litigation Trends 2016
    2016-01-14

    Last year, the Ministry of Justice published its statistics for judicial and court activity in England and Wales for 2014. In this note, we take a look at the 2014 figures and highlight emerging litigation trends.

    Our own enquiries into professional negligence claims for the first three quarters of 2015 show that claims numbers are likely to be broadly similar to those for 2014 and 2013. We intend to follow this note with an update after the Ministry of Justice publishes its own figures for the whole of 2015 later this year.

    Filed under:
    United Kingdom, England, Construction, Insolvency & Restructuring, Litigation, Professional Negligence, Clyde & Co LLP
    Location:
    United Kingdom
    Firm:
    Clyde & Co LLP
    JV counterparty distress
    2015-05-12

    The slide and volatility in the oil price over the past few months has been dramatic and whilst many companies will be well positioned to weather the current climate, it has  already become clear that there are some players in the industry for whom insolvency is a very real  risk.

    Filed under:
    United Kingdom, Energy & Natural Resources, Insolvency & Restructuring, Clyde & Co LLP
    Authors:
    Stewart Perry
    Location:
    United Kingdom
    Firm:
    Clyde & Co LLP

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