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    Gleave and others v Board of the Pension Protection Fund
    2008-06-12

    [2008] EWHC 1099 (Ch)

    The High Court has ruled that calculations of employer debt by scheme actuaries cannot be challenged by insolvency practitioners unless there is evidence of fraud or error.

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Norton Rose Fulbright, Fraud, Debt, Retirement, Valuation (finance), Actuary, Pension Protection Fund, High Court of Justice (England & Wales)
    Location:
    United Kingdom
    Firm:
    Norton Rose Fulbright
    Preparing for the PPF - the foundation for a smooth PPF assessment period
    2008-06-17

    The credit crunch is biting ... your scheme's sponsoring employer is facing insolvency ... what can the trustees and advisors do before the insolvency to lay the foundations for a smooth Pension Protection Fund (PPF) assessment period?

    What is a PPF assessment period?

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Gowling WLG, Debt, Liquidation, Credit crunch, The Pensions Regulator (UK), Pension Protection Fund, Trustee
    Location:
    United Kingdom
    Firm:
    Gowling WLG
    Fixed and floating charge holders cannot participate in prescribed part for shortfalls
    2008-02-08

    Secured creditors with an unsecured shortfall cannot claim a share of the prescribed part of the floating charge realisations set aside for unsecured creditors under Section 176A of the Insolvency Act 1986. This applies whether the secured creditor is the holder of a fixed or a floating charge (or both).

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Gowling WLG, Share (finance), Unsecured debt, Dividends, Debt, Secured creditor, Insolvency Act 1986 (UK), Enterprise Act 2002 (UK)
    Location:
    United Kingdom
    Firm:
    Gowling WLG
    Insolvency update for retailers
    2008-02-11

    The retail sector and its suppliers operate at the sharp end of the economy and feel the impact of tighter consumer spending with more immediacy than most other sectors.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP, Retail, Board of directors, Debt, Supply chain, Liability (financial accounting), Legal burden of proof, Balance sheet, Cashflow, Insolvency Act 1986 (UK), High Court of Justice (England & Wales)
    Location:
    United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    Secured creditors: no access to prescribed part
    2008-02-25

    Summary

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Freshfields Bruckhaus Deringer, Share (finance), Unsecured debt, Debt, Liquidation, Secured creditor, Unsecured creditor, House of Lords, Insolvency Act 1986 (UK), Enterprise Act 2002 (UK)
    Location:
    United Kingdom
    Firm:
    Freshfields Bruckhaus Deringer
    EHYA urges HM Treasury to reform current insolvency legislation
    2008-03-20

    The European High Yield Association (EHYA), which represents banks and investors involved in high risk bond and loan markets, has written to the UK Treasury suggesting three key areas to reform insolvency legislation to improve the 'efficiency and fairness' of corporate restructurings.

    The letter suggests changes to help prevent value destruction caused by suppliers and customers terminating contractual relations, speed up resolution of disputes and restrict the influence of creditors and shareholders with no economic interest in the revalued business.

    Filed under:
    United Kingdom, Insolvency & Restructuring, White & Case, Shareholder, Interest, Accounting, Debt, Supply chain, Bond credit rating, Leverage (finance), Yield (finance), HM Treasury (UK)
    Location:
    United Kingdom
    Firm:
    White & Case
    Joint liability and promissory estoppel
    2008-01-23

    An agreement to pay off part of a judgment debt owed jointly with others will not of itself amount to consideration sufficient to prevent a creditor going against a debtor for the unpaid balance of the judgment.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Gowling WLG, Share (finance), Debtor, Consideration, Debt, Estoppel, Court of Appeal of England & Wales
    Location:
    United Kingdom
    Firm:
    Gowling WLG
    Floating charge holder: no share in the prescribed part
    2008-01-25

    Background to Re Permacell

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Freshfields Bruckhaus Deringer, Share (finance), Unsecured debt, Statutory interpretation, Debt, Standing (law), Liquidation, Secured creditor, Liquidator (law), Unsecured creditor, Debenture, 3M, Companies Act 2006 (UK), Insolvency Act 1986 (UK), Enterprise Act 2002 (UK)
    Location:
    United Kingdom
    Firm:
    Freshfields Bruckhaus Deringer
    Timing is everything in gratuitous alienations
    2008-01-31

    The subject of gratuitous alienations is a problematic area for the property practitioner. Timing is all-important, and often it only becomes an issue for insolvency reasons retrospectively. Put simply of course, in lay terms a gratuitous alienation is no more than a gift, and there is nothing to prevent an owner of property gifting it to someone if he chooses.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Real Estate, Shepherd and Wedderburn LLP, Bankruptcy, Debtor, Consideration, Debt, Liability (financial accounting), Legal burden of proof, Balance sheet, Common law, Liquidator (law), Civil partnership in the United Kingdom, Insolvency Act 1986 (UK), Trustee
    Location:
    United Kingdom
    Firm:
    Shepherd and Wedderburn LLP
    Third party claims: a decision of the High Court clarifies the law with regard to claims under the Third Party (Rights against Insurers) Act 1930
    2007-12-20

    The case of Law Society v Dixit Shah (2007) EWHC 2841 (Ch) arose from the intervention of the Office for the Supervision of Solicitors into an association of firms owned by Dixit Shah which traded under "the BJ Brandon Group" name. The Law Society alleged that the OSS discovered that around £12.5 million of client money had been misappropriated by Mr Shah.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Insurance, Litigation, Locke Lord LLP, Bankruptcy, Solicitor, Debt, Liquidation, Liability insurance, Misappropriation, Bankruptcy discharge, Law Society of England and Wales, High Court of Justice (England & Wales)
    Location:
    United Kingdom
    Firm:
    Locke Lord LLP

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