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    Trustee and officeholder approval applications: res judicata and protection from future claims
    2023-08-03

    Summary

    Trustees and officeholders (such as administrators, receivers and liquidators) can ask the Court to approve steps that they propose to take in the administration of their estate (such as the sale of an asset or settlement of a claim).

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Mayer Brown, Court of Appeal (England and Wales)
    Authors:
    Devi Shah , Stuart Pickford , Stephen Moi , Alexandra Wood
    Location:
    United Kingdom
    Firm:
    Mayer Brown
    Appointing liquidators to a company in the BVI following an alleged loss of substratum
    2018-06-27

    In the case of Delco Participation BV v Green Elite Limited [2018] the Court of Appeal considered the test for appointing liquidators to a company following an alleged loss of substratum.

    Filed under:
    British Virgin Islands, Company & Commercial, Insolvency & Restructuring, Litigation, Harneys, Share (finance), Shareholder, Fraud, Liquidation, Articles of association, Liquidator (law), General Electric, Court of Appeal (England and Wales)
    Authors:
    Andrew Thorp , Lucy Hannett , William Peake , Vicky Lord
    Location:
    British Virgin Islands
    Firm:
    Harneys
    Getting the priorities right - the Amerind appeal
    2018-03-06

    Justice Robson’s decision in Re Amerind1 was one of a number of recent authorities which created doubt as to how the statutory insolvency regime, and in particular how the priority waterfall, should be applied to recoveries from trust assets.

    Filed under:
    Australia, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Johnson Winter Slattery, High Court of Justice (England & Wales), Court of Appeal (England and Wales)
    Authors:
    Eve Thomson
    Location:
    Australia
    Firm:
    Johnson Winter Slattery
    Australia: The limits of recognition under the UNCITRAL Model Law - foreign compromises of English law claims
    2018-02-28

    Introduction – why does this matter?

    Filed under:
    Australia, United Kingdom, USA, Insolvency & Restructuring, Litigation, Baker McKenzie, Debtor, UNCITRAL, Court of Appeal of England & Wales, High Court of Justice (England & Wales), Court of Appeal (England and Wales)
    Authors:
    David Walter
    Location:
    Australia, United Kingdom, USA
    Firm:
    Baker McKenzie
    The rule in Gibbs fights another day
    2018-12-21

    On 18 December 2018 the English Court of Appeal held in the case of OJSC International Bank of Azerbaijan that the rule in Gibbs is still a fundamental tenet of English insolvency law and not to be sidestepped by the Cross-Border Insolvency Regulations.

    Facts

    The facts in summary are these:

    Filed under:
    European Union, Global, United Kingdom, USA, Insolvency & Restructuring, Litigation, Public, Freshfields Bruckhaus Deringer, Brexit, Court of Appeal (England and Wales)
    Authors:
    Katharina Crinson
    Location:
    European Union, Global, United Kingdom, USA
    Firm:
    Freshfields Bruckhaus Deringer
    Guernsey Royal Court issues Letter of Request to the High Court
    2018-07-11

    Advocates Mathew Newman and Sam Dingle acted for the Joint Administrators of a Guernsey company (Company), which was a party to ongoing court proceedings in England.

    The Joint Administrators applied to the Royal Court of Guernsey seeking an order that it issue a Letter of Request to the High Court of Justice of England and Wales, requesting the High Court to act in aid of and auxiliary to the Royal Court pursuant to section 426 of the Insolvency Act 1986 (1986 Act) in recognising the appointment of the Joint Administrators as administrators of the Company.

    Filed under:
    Guernsey, Jersey, Insolvency & Restructuring, Litigation, Ogier, Comity, Insolvency Act 1986 (UK), High Court of Justice (England & Wales), Courts of Jersey, Court of Appeal (England and Wales)
    Authors:
    Sam Dingle , Mathew Newman
    Location:
    Guernsey, Jersey
    Firm:
    Ogier
    The UK Supreme Court decision in Burnden Holdings (UK) Limited v Fielding: potential implications for directors in some corporate reorganisations
    2018-03-19

    If a transaction by a company amounts to an "unlawful distribution", and the company subsequently goes into liquidation, will an action for recovery of the benefits of that distribution, brought against the directors who authorised the transaction, be statute-barred if it is commenced by the liquidator of the company more than 6 years after the distribution was made?

    Filed under:
    Ireland, United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, A&L Goodbody, Liquidation, Limitation Act 1980 (UK), UK Supreme Court, Court of Appeal (England and Wales)
    Location:
    Ireland, United Kingdom
    Firm:
    A&L Goodbody
    William Fry Insolvency Review 2017 Part 1
    2018-01-18

     

    Examinership

    A number of significant decisions were made by the High Court and Court of Appeal relating to different aspects of the examinership process in 2017. 

    Filed under:
    Ireland, Company & Commercial, Insolvency & Restructuring, Litigation, William Fry, Debt restructuring, Companies Act, High Court (Ireland), Circuit court, Court of Appeal (England and Wales)
    Authors:
    Michael Quinn , Fergus Doorly , Ruairi Rynn , Craig Sowman , Niamh Cacciato , Deirdre Murphy
    Location:
    Ireland
    Firm:
    William Fry
    Liability of administrators for the economic loss of a creditor
    2019-08-06

    Background

    The case concerned royalty payments, which a creditor had a contractual right to receive, arising from iron ore produced at a mine in Sierra Leone.

    The parent company of the Sierra Leonean mining company went into administration and administrators from PwC were appointed. The creditor's director called the administrators to stress the importance of bringing the royalty payments to the attention of a third party purchaser.

    The administrators subsequently sold the mine, but did not make the purchaser aware of the royalty issue.

    Filed under:
    United Kingdom, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Taylor Wessing, Coal mining, Court of Appeal (England and Wales)
    Authors:
    Stuart Broom
    Location:
    United Kingdom
    Firm:
    Taylor Wessing
    Defrauding Creditors Through Dividends, and the Shift of Directors’ Duties
    2019-03-05

    SUMMARY

    The Court of Appeal of England and Wales (“CA”) made a significant ruling on two matters affecting the powers and duties of directors of English companies.

    Filed under:
    United Kingdom, England & Wales, Company & Commercial, Insolvency & Restructuring, Litigation, Morrison & Foerster LLP, Insolvency Act 1986 (UK), Court of Appeal (England and Wales)
    Authors:
    Howard Morris , Sonya L. Van de Graaff , Edward Downer
    Location:
    United Kingdom
    Firm:
    Morrison & Foerster LLP

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