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    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
    COVID-19 Directors & Officers: Temporary amendments to insolvency and corporations law
    2020-03-26

    Introduction:

    The Australian Federal Government announced temporary amendments, effective 24 March 2020, to insolvency and corporations law in response to the challenges that businesses are facing as a result of the COVID-19 crisis. These amendments provide a safety net to businesses in challenging times to foster survival for those businesses once the crisis has passed.

    Filed under:
    Australia, Company & Commercial, Insolvency & Restructuring, Clyde & Co LLP, Coronavirus
    Location:
    Australia
    Firm:
    Clyde & Co LLP
    High Court confirms that directors continue to owe fiduciary duties post insolvency
    2020-01-28

    The case of Hunt (as Liquidator of System Building Services Group Ltd) v Michie & Ors [2020] EWHC 54 (Ch) examines whether directors’ duties continue after the company has become insolvent and confirms that they do, bringing welcome clarity to the point. As such, Insurers will need to review their policies to make clear if they wish to cover this risk.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Clyde & Co LLP, Liquidator (law), Directors' duties, Companies Act 2006 (UK)
    Location:
    United Kingdom
    Firm:
    Clyde & Co LLP
    Spate of corporate insolvencies will put directors and officers under scrutiny in 2019
    2018-12-17

    Greatest focus will be on retail and outsourcing sectors.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Clyde & Co LLP
    Location:
    United Kingdom
    Firm:
    Clyde & Co LLP
    New Bankruptcy Law in the Kingdom of Saudi Arabia
    2018-02-26

    Saudi Arabia recently published a new Bankruptcy Law. This is the latest development of a string of reforms under Vision 2030 to further encourage the participation of foreign and domestic investors by structuring the business legal framework. This article provides a general analysis of the new bankruptcy law and its implications for businesses operating in the Kingdom.

    Filed under:
    United Arab Emirates, Banking, Company & Commercial, Insolvency & Restructuring, Clyde & Co LLP
    Location:
    United Arab Emirates
    Firm:
    Clyde & Co LLP
    Understanding compulsory liquidation
    2018-01-30

    A company enters into compulsory liquidation when the court makes a winding up order. Upon the order being made, the Official Receiver ("OR") is automatically appointed as liquidator, however, the company's creditors may nominate an alternative licensed insolvency practitioner to act as liquidator. A liquidator's primary function is to realise the company's assets for the benefit of its creditors.

    Filed under:
    United Kingdom, Company & Commercial, Employment & Labor, Insolvency & Restructuring, Litigation, Clyde & Co LLP, Liquidation
    Authors:
    Andrew Foster , Duncan Lockhart
    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
    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
    The show must go on - contracting strategies for the impact of Brexit
    2016-06-27

    The true effects of the events of the last few days have yet to be seen. With the mainstream political parties acting like participants in a ‘Compose a Greek Tragedy’ competition, a government unlikely to exercise any meaningful executive functions until autumn (at least), the currency and financial markets in turmoil and the future uncertain on a range of factors, it is tempting to succumb to a condition of inaction whilst waiting to see how the cards fall.

    Filed under:
    European Union, United Kingdom, Banking, Company & Commercial, Construction, Insolvency & Restructuring, Projects & Procurement, Trade & Customs, Clyde & Co LLP
    Location:
    European Union, United Kingdom
    Firm:
    Clyde & Co LLP
    Important trends in claims exposures for professionals in Hong Kong
    2016-06-16

    The current litigation landscape for professionals in Hong Kong is relatively benign: but is this the lull before the storm? Accurate records are kept of all actions commenced in the Hong Kong High Court, which deals with claims of over HK$1 million. The graph above shows the number of claims begun by writ each year over the last 15 years. This data covers all claims, not just those against professionals, but gives an indication of the general litigation trends.

    Filed under:
    Hong Kong, Arbitration & ADR, Capital Markets, Company & Commercial, Construction, Insolvency & Restructuring, Insurance, Litigation, Clyde & Co LLP, Mediation
    Location:
    Hong Kong
    Firm:
    Clyde & Co LLP

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