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    What does the future hold? A timeline of upcoming UK legal developments
    2018-05-01

     

    EU (Withdrawal) Bill may be passed by UK Parliament. Its purpose is to repeal the European Communities Act 1972 and, so far as possible, import EU law that would otherwise fall away into UK law

    The Construction (Retention Deposit Schemes) Bill is expected to have its second reading debate

    Filed under:
    European Union, Global, Hong Kong, United Kingdom, Arbitration & ADR, Banking, Construction, Derivatives, Employment & Labor, Energy & Natural Resources, Environment & Climate Change, Insolvency & Restructuring, Insurance, Intellectual Property, IT & Data Protection, Litigation, Planning, Real Estate, Tax, Trade & Customs, Herbert Smith Freehills LLP, Brexit, Financial Conduct Authority (UK), European Commission
    Location:
    European Union, Global, Hong Kong, United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    North Sea upstream restructurings: lessons from lower for longer
    2018-03-08

    Brent crude’s 18-month slide from above $110bbl to a January 2016 low of under $30bbl led to a number of high-profile North Sea upstream restructurings. This article considers what we can learn from recent cases and how they can inform the approach of companies, lenders, bondholders and restructuring professionals in future cases in the sector.

    Filed under:
    United Kingdom, Energy & Natural Resources, Insolvency & Restructuring, Herbert Smith Freehills LLP
    Authors:
    John Chetwood
    Location:
    United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    Preview of 2018
    2018-01-15

    ENGLAND AND WALES PREVIEW OF 2018 January 2018 LEGAL GUIDE HERBERT SMITH FREEHILLS 01 page CONTENTS Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 02 Brexit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 03 Competition, Regulation and Trade . . . . . . . . . . . . . . . . . . 05 Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07 Corporate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 08 Dispute Resolution . . . . . . . .

    Filed under:
    European Union, United Kingdom, Scotland, Arbitration & ADR, Banking, Company & Commercial, Competition & Antitrust, Construction, Derivatives, Employee Benefits & Pensions, Employment & Labor, Energy & Natural Resources, Insolvency & Restructuring, Insurance, Intellectual Property, IT & Data Protection, Planning, Real Estate, Securitization & Structured Finance, Tax, Herbert Smith Freehills LLP, Brexit, GDPR
    Location:
    European Union, United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    Timeline: What is on the Horizon? - October 2017
    2017-10-03

    EU requirement for national insolvency registers to be established in all Member States (Recast Insolvency Regulation 2015 ((EU) 2015/848))

    Will Nevin Partner T +44 20 7466 2199 [email protected]

    UK TIMELINE

    Kevin Pullen Partner T +44 20 7466 2976 [email protected]

    2017Q4 (Oct-Dec)

    Filed under:
    European Union, Global, United Kingdom, Banking, Capital Markets, Competition & Antitrust, Construction, Derivatives, Employee Benefits & Pensions, Employment & Labor, Energy & Natural Resources, Insolvency & Restructuring, Insurance, Intellectual Property, Litigation, Public, Real Estate, Tax, Herbert Smith Freehills LLP, Corporate governance, Brexit, MiFID, Financial Conduct Authority (UK), European Commission, CJEU
    Location:
    European Union, Global, United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    Environmental laws trump Linc Energy creditors
    2017-04-13

    Today the Queensland Supreme Court held that an insolvent company’s environmental obligations under State law were unaffected by the liquidators’ disclaimer of related property and resource tenures. This decision changes the previous understanding of liquidators’ powers and the order of priority in which claims will be paid in a liquidation, and may have broader implications for insolvent companies that are subject to obligations under State laws.

    Filed under:
    Australia, Queensland, Energy & Natural Resources, Environment & Climate Change, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP, Corporations Act 2001 (Australia), Queensland Supreme Court
    Authors:
    Anthony Haly
    Location:
    Australia
    Firm:
    Herbert Smith Freehills LLP
    General Counsel Update - February 2017
    2017-03-01

    When we began analysing in depth the possibility of Britain exiting the European Union, 18 months prior to the June 2016 referendum, the HERBERT businessSMITH FREEHILLS consensus w07as very muchSECTION TITLE that Brexit was a remote prospect that either would never happen or not matter.

    Fast forward just over two years and the reality could not be more different. In this updated edition of our Brexit legal guide, we take stock of the present situation, summarising the key developments since last year's vote and what is to be expected in the months ahead. 10 33 99

    Filed under:
    Australia, China, European Union, Hong Kong, Indonesia, Singapore, United Arab Emirates, United Kingdom, Arbitration & ADR, Banking, Capital Markets, Company & Commercial, Competition & Antitrust, Employment & Labor, Energy & Natural Resources, Environment & Climate Change, Insolvency & Restructuring, Insurance, IT & Data Protection, Planning, Public, Tax, Telecoms, Herbert Smith Freehills LLP, Brexit, Breach of contract, Reinsurance, Duty of care, Defined benefit pension plan, European Commission, Securities and Futures Commission (Hong Kong)
    Location:
    Australia, China, European Union, Hong Kong, Indonesia, Singapore, United Arab Emirates, United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    BREXIT: charting a new course
    2017-02-21

    If 2016 ended with more questions than answers as to how Brexit would take shape, 2017 began with at least a little more clarity.

    Filed under:
    European Union, Global, OECD, United Kingdom, USA, Arbitration & ADR, Aviation, Banking, Capital Markets, Company & Commercial, Competition & Antitrust, Employee Benefits & Pensions, Employment & Labor, Energy & Natural Resources, Environment & Climate Change, Immigration, Insolvency & Restructuring, Insurance, Intellectual Property, IT & Data Protection, Public, Real Estate, Tax, Telecoms, Herbert Smith Freehills LLP, Brexit, Internal market, EEA, UK Supreme Court
    Location:
    European Union, Global, OECD, United Kingdom, USA
    Firm:
    Herbert Smith Freehills LLP
    Dislocation in energy markets - navigating the legal landscape
    2021-10-01

    The consequent distress in the market is evident with 9 supplier insolvencies in the last few weeks alone, including Avro Energy, Utility Point and People’s Energy.

    Today, 1 October 2021, is important as Ofgem is due to increase tariff caps from that date. This is also the date when the restrictions on petitioning for the winding up of companies on the basis of insolvency will be eased.

    Legal landscape – energy regulations

    In distressed situations, there are a number of issues to navigate, including:

    Filed under:
    United Kingdom, Energy & Natural Resources, Insolvency & Restructuring, Reed Smith LLP
    Authors:
    Kathleen Garrett , Patrick Schumann , Colin Cochrane , Dr. Katharina Schaub
    Location:
    United Kingdom
    Firm:
    Reed Smith LLP
    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
    Location:
    United Kingdom
    Firm:
    Taylor Wessing
    Alberta Court of Appeal Grants Intervener Status to Four Participants in Appeal of Re Redwater Energy Corp.
    2016-08-18

    The much-debated and closely-monitored Re Redwater Energy Corp.

    Filed under:
    Canada, Alberta, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Borden Ladner Gervais LLP, Bankruptcy, Natural gas, Common law, Alberta Energy Regulator, Court of Appeal of England & Wales, Supreme Court of Canada, Court of Appeal of Alberta
    Authors:
    Matti Lemmens
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP

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