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    Transactions defrauding creditors: the use of corporate structures to defeat creditor claims
    2023-09-07

    Judgment creditors should be aware that the English Court of Appeal has given guidance on the proper construction of s423 Insolvency Act 1986 (transactions defrauding creditors)1.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Mayer Brown, Insolvency Act 1986 (UK), Court of Appeal of England & Wales
    Authors:
    Michael Fiddy , Stephen Moi , Alexandra Wood
    Location:
    United Kingdom
    Firm:
    Mayer Brown
    United Arab Emirates Law Year in Review 2016 and Year to Come 2017
    2017-01-05

    Year in Review - United Arab Emirates Law in 2016

    Filed under:
    Middle East, United Arab Emirates, DIFC, Banking, Capital Markets, Company & Commercial, Competition & Antitrust, Insolvency & Restructuring, Litigation, Tax, Linklaters LLP, Financial regulation, Joint-stock company, Gulf Cooperation Council, Dubai International Financial Centre, Court of Appeal of England & Wales, DIFC Courts
    Location:
    Middle East, United Arab Emirates
    Firm:
    Linklaters LLP
    The Cayman Islands Court of Appeal affirms liquidators’ clawback powers
    2016-11-23

    When a fund fails, the disappointed investors’ sole hope of recompense often rests on the fund’s liquidators gathering in and distributing pari passu as many of the fund’s assets as possible. The judgment of the Cayman Islands Court of Appeal in Skandinaviska Enskilda Banken AB (Publ) v Simon Conway and David Walker (CICA 2 of 2016), delivered on 18 November 2016, clarifies aspects of the liquidators’ power to claw back certain types of redemption payments made shortly prior to liquidation.

    Filed under:
    Cayman Islands, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, Carey Olsen, Liquidation, Liquidator (law), Court of Appeal of England & Wales
    Authors:
    Jan Golaszewski
    Location:
    Cayman Islands
    Firm:
    Carey Olsen
    More clarity on redemption rights for distressed funds
    2016-08-11

    When Cayman Islands funds undergo liquidity stress on their balance sheet due to holding illiquid assets or irregular large redemption requests, directors of Cayman Islands funds generally consider mechanics to provide for an orderly restructure to meet redemption requests which arise. Common arrangements are to implement a “redemption gate” which limits redemptions to a certain percentage of shares in the fund or a stronger response such as a suspension of all redemptions.

    Filed under:
    Cayman Islands, Insolvency & Restructuring, Private Client & Offshore Services, Shareholder, Market liquidity, Liquidation, Balance sheet, Court of Appeal of England & Wales
    Location:
    Cayman Islands
    Spanish Corporate-Real Estate Legal Update nº 31. July 2016: Determination of the Moment at Which Director Liability Arises for Corporate Debts in the Event of Company Insolvency
    2016-07-06

    Supreme Court Judgment dated 10 March 2016 (STS 151/2016)

    The judgment of the Supreme Court analyses the objective scope of extension of the liability for obligations and debts for which, as appropriate, the director of a company should be liable and, more specifically, the scope of "the corporate obligations subsequent to the occurrence of the legal ground for dissolution".

    Filed under:
    Spain, Company & Commercial, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Patent infringement, Interest, Consideration, Debt, Court costs, Joint and several liability, Capital punishment, Dissolution (law), SCOTUS, Court of Appeal of England & Wales, South Africa Supreme Court of Appeal
    Authors:
    Ramón Castilla
    Location:
    Spain
    Firm:
    Squire Patton Boggs
    Arbitrate before you litigate!
    2015-07-17

    Over the last seven months there has been a spate of cases dealing with the relationship between arbitration law and insolvency law.

    Winding-up petitions and arbitration clauses

    Filed under:
    United Kingdom, Arbitration & ADR, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Arbitration clause, Court of Appeal of England & Wales
    Authors:
    Susan Kelly , Siân Taylor
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    Directors of ‘phoenix’ companies – new insolvency rule 4.228
    2007-07-18

    At the end of 2006 a decision of the Court of Appeal in Churchill v First Independent Factors and Finance Limited (Churchill) caused consternation among those involved in the management of insolvent companies who are also involved in the management of the company that acquires the whole or a substantial part of the insolvent business.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Regulatory compliance, Board of directors, Debt, Liquidation, Insolvency Act 1986 (UK), Court of Appeal of England & Wales
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    FASt action required by qualifying pension plans
    2016-08-08

    Earlier this year it was announced that the UK’s Financial Assistance Scheme (“FAS”) would close to applications from 1 September 2016.

    This does not affect pension plans that are currently progressing through the notification and qualification process or pension plans that have already qualified for assistance. However, any qualifying pension plans that have not yet started the process need to move quickly as they now have less than a month to make a notification to the FAS.

    Filed under:
    European Union, United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Brexit, Liquidation, Annual report, Pension Protection Fund, Court of Justice of the European Union, Court of Appeal of England & Wales
    Authors:
    Jane Briggs
    Location:
    European Union, United Kingdom
    Firm:
    Squire Patton Boggs
    When an Asset is not an Asset
    2016-07-19

    The Court of Appeal has recently considered the status of contingent assets within the balance sheet test for insolvency in the context of a company’s inability to pay its debts. Under Section 123 Insolvency Act 1986, a company is deemed unable to pay its debts if its assets are less than its liabilities including contingent liabilities but nothing is said about the status of contingent assets.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Shareholder, Dividends, Beneficiary, Debt, Liability (financial accounting), Balance sheet, Liquidator (law), Insolvency Act 1986 (UK), Court of Appeal of England & Wales
    Authors:
    Susan Kelly
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    (UK) To Whom Should Insolvency Claims Be Assigned?
    2022-05-16

    It is often the case, that insolvency claims are pursued against former directors of the insolvent company or persons connected to them. It is also often the case, that such claims are assigned to a litigation funding company given lack of funds in the insolvent estate to pursue them. This is what happened in Lock v Stanley where various claims against the former directors, their parents and connected company were assigned to Manolete.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Liquidator (law), Insolvency Act 1986 (UK), Court of Appeal of England & Wales
    Authors:
    Rachael Markham
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs

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