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    Closing loopholes to further protect creditors: Section 423 Insolvency Act 1986 and El-Husseiny
    2025-03-05

    The much-anticipated UK Supreme Court decision in El-Husseiny and another v Invest Bank PSC [2025] UKSC 4 was released recently, providing much-needed clarity to creditors and officeholders about the application of section 423 Insolvency Act 1986 to transactions involving debtors and company structures. Creditors and officeholders alike will be pleased with this decision, as the Court determined that the language and purpose of section 423 are such that a ‘transaction’ is not confined to dealing with an asset owned by the debtor.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, HFW, UK Supreme Court
    Authors:
    Rick Brown , Tom Serafin
    Location:
    United Kingdom
    Firm:
    HFW
    HFW Disputes Digest 2023
    2024-01-08

    HFW DISPUTES DIGEST 2023

    Welcome to the second annual Disputes Digest, in which we collate our 2023 global HFW LITIGATION and International Arbitration publications in one place.

    This edition includes updates from across our Disputes arena, including England and Wales, BVI, AsiaPac, and the Middle East.

    Filed under:
    European Union, Global, Hong Kong, Singapore, United Kingdom, USA, Arbitration & ADR, Banking, Capital Markets, Company & Commercial, Compliance Management, Derivatives, Environment & Climate Change, Healthcare & Life Sciences, Insolvency & Restructuring, IT & Data Protection, Litigation, White Collar Crime, HFW, Know your customer, Blockchain, Employee Retirement Income Security Act 1974 (USA), Advertising, Climate change, Supply chain, Mediation, Fintech, Due diligence, Carbon neutrality, Cryptocurrency, ESG, Litigation funding, Anti-money laundering, Non-fungible tokens, Metaverse, Anti-bribery and corruption, Greenwashing, US Securities and Exchange Commission, Financial Conduct Authority (UK), Barclays, Consumer Financial Protection Bureau (USA), Google, European Council, Commodity Futures Trading Commission (USA), Competition and Markets Authority (UK), HSBC, Monetary Authority of Singapore, Bank of England, Singapore International Arbitration Centre, FTX, Silicon Valley Bank, Arbitration Act 1996 (UK), Federal Arbitration Act 1926 (USA), Financial Services and Markets Act 2000 (UK), UK Supreme Court
    Location:
    European Union, Global, Hong Kong, Singapore, United Kingdom, USA
    Firm:
    HFW
    Commodities Case Update, July 2023
    2023-07-05

    COMMODITIES CASE UPDATE JULY 2023 HFW COMMODITIES CASE UPDATE JULY 2023 We are delighted to present the July 2023 edition of the Commodities Case Update, with a summary of 12 key recent cases relevant to the commodities sector. With a market leading commodities team, we have over 100 lawyers who provide a full service internationally. The group is led by a team of over 25 partners, who are based in all our offices around the world, including in the major trading hubs of London, Paris, Geneva, Dubai, Singapore, Hong Kong and Sydney.

    Filed under:
    Global, United Kingdom, Company & Commercial, Insolvency & Restructuring, Law Firm Management, Legal Practice, Litigation, Trade & Customs, HFW, Force majeure, Limitation Act 1980 (UK), UK Supreme Court, London Court of International Arbitration
    Location:
    Global, United Kingdom
    Firm:
    HFW
    Bankrupcty in the UAE - Part 2 - Directors Duties
    2023-01-12

    COMMERCIAL | JANUARY 2023 BANKRUPTCY IN THE UAE PART 2: DIRECTORS’ DUTIES 1. Introduction One of the most common ways of conducting business within the UAE is through an onshore limited liability company. Commercial companies incorporated onshore in the UAE have a separate legal personality.1 The company can enter into legally binding agreements in its own name and take on valid and binding obligations.

    Filed under:
    United Arab Emirates, Company & Commercial, Insolvency & Restructuring, HFW, Corporate governance, Bankruptcy, Due diligence, Directors' duties
    Location:
    United Arab Emirates
    Firm:
    HFW
    Bankruptcy in the UAE - Part 2 - Directors' Duties
    2023-01-12

    One of the most common ways of conducting business within the UAE is through an onshore limited liability company. Commercial companies incorporated onshore in the UAE have a separate legal personality.1 The company can enter into legally binding agreements in its own name and take on valid and binding obligations. Actions of the directors of a company, on behalf of such a company, generally bind the company.2 Generally, any liabilities resulting from those actions are for the account of the company, rather than for the account of the individual directors in their personal capacity.

    Filed under:
    United Arab Emirates, Company & Commercial, Insolvency & Restructuring, HFW, Corporate governance, Bankruptcy, Due diligence
    Location:
    United Arab Emirates
    Firm:
    HFW
    HFW Disputes Digest 2022
    2023-01-04

    HFW DISPUTES DIGEST 2022 Welcome to our first annual digest, in which we collate our 2022 global HFW LITIGATION and International Arbitration publications in one place. This edition includes updates from the whole Disputes arena across England, AsiaPac, and the Middle East. HFW is one of the world’s largest and most active disputes practices, litigation is in our DNA. We have more than 350 specialist disputes lawyers in offices across the Americas, Europe, the Middle East, and AsiaPac.

    Filed under:
    Australia, European Union, Global, Hong Kong, United Kingdom, England, Arbitration & ADR, Insolvency & Restructuring, Litigation, Public, White Collar Crime, HFW, Bitcoin, Mediation, Cryptocurrency, Litigation funding, Personal data, Gaming, Anti-money laundering, Confidential information, Anti-bribery and corruption, Financial Conduct Authority (UK), Barclays, International Centre for Settlement of Investment Disputes, GDPR, Arbitration Act 1996 (UK), UK Supreme Court, London Court of International Arbitration
    Location:
    Australia, European Union, Global, Hong Kong, United Kingdom
    Firm:
    HFW
    Navigating the competing interests of shareholders and creditors following Sequana: A guide for directors and insolvency practitioners
    2022-10-18

    The much-anticipated UK Supreme Court decision in BTI 2014 LLC v Sequana SA & Ors was finally released, giving clarity to directors and insolvency practitioners about the existence, scope and engagement of the so-called “creditor duty”. A relatively recent development in English law, the creditor duty is in fact really a dormant creature of the existing directors’ fiduciary duties that awakens in an insolvency, or near insolvency, context.

    Introduction

    The court ruled that:

    Filed under:
    Australia, Global, United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, HFW, Insolvency, UK Supreme Court
    Authors:
    Rick Brown , Tom Serafin
    Location:
    Australia, Global, United Kingdom
    Firm:
    HFW
    Commodities Bulletin, October 2022
    2022-10-07

    Welcome to the October 2022 edition of the HFW Commodities bulletin.

    In this extended edition, a number of our partners from across the globe have taken time to reflect on the profound impact of the Russian invasion of Ukraine on the commodities sector. It includes contributions from our offices in Australia, Geneva, London and Singapore, with articles on energy and food security, sanctions, insolvency, regulation, the energy transition and force majeure.

    On the back page, you will find details of the latest news and where you can meet the team next.

    Filed under:
    Australia, European Union, Global, Russia, Ukraine, United Kingdom, USA, Company & Commercial, Derivatives, Energy & Natural Resources, Insolvency & Restructuring, Product Regulation & Liability, Trade & Customs, HFW, Supply chain, Mediation, Due diligence, Carbon neutrality, Force majeure, Sanctions, ESG, Coronavirus, Anti-bribery and corruption, European Commission, US Department of Justice, Office of Foreign Assets Control (USA), Commodity Futures Trading Commission (USA), Bank of England, Foreign Corrupt Practices Act 1977 (USA)
    Authors:
    DAN PERERA , Justine Barthe-Dejean , Barry Vitou , Kate Fisher , Surekha Sujith , Alistair Feeney , Brian Perrott , Ranjani Sundar , Jo Garland , Sarah Hunt , Hermance Schaerlig , Adam Richardson , Suzanne Meiklejohn
    Location:
    Australia, European Union, Global, Russia, Ukraine, United Kingdom, USA
    Firm:
    HFW
    Bankruptcy in the UAE
    2022-09-26

    Part 1: Preventative composition as a restructuring tool

    As commercial companies in the UAE grapple with increasing inflation and interest rates, constraints to supply chains and labour market challenges, it seems inevitable that the number experiencing financial distress will rise. 

    Filed under:
    United Arab Emirates, Insolvency & Restructuring, HFW, Supply chain, Insolvency
    Authors:
    Ian Chung , Nick Braganza , Adela Motyckova
    Location:
    United Arab Emirates
    Firm:
    HFW
    Model Law on cross-border insolvency
    2022-07-25

    Naumets (Trustee), Dorokhov (Bankrupt) v Dorokhov [2022] FCA 748 In the matter of Hydrodec Group Plc [2021] NSWSC 755

    Filed under:
    Australia, Global, Capital Markets, Insolvency & Restructuring, Litigation, HFW, UNCITRAL, Financial Conduct Authority (UK), Australian Securities and Investments Commission, Corporations Act 2001 (Australia)
    Authors:
    Bronwyn Lincoln , Geraldine Valenzuela , Ranjani Sundar
    Location:
    Australia, Global
    Firm:
    HFW

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