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    Liquidators examinations and legal professional privilege
    2009-03-02

    Hong Kong's highest court has considered for the second time in recent years the conduct of examinations under section 221 of the Companies Ordinance. That section enables (amongst other things) a court to compel any persons whom it believes may have information concerning the affairs or dealings of a company in liquidation to be examined in private under oath.

    Filed under:
    Hong Kong, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP, Audit, Discovery, Negligence, Liquidation, Writ, Liquidator (law), Tangible property, Legal professional privilege, Ernst & Young, Court of Appeal of England & Wales, High Court of Justice, Court of Final Appeal (Hong Kong)
    Location:
    Hong Kong
    Firm:
    Herbert Smith Freehills LLP
    General Counsel Update - June 2013 - A summary of major developments in key areas
    2013-06-21

     

    The Companies Act 2006 (Strategic Report and Directors' Report) Regulations 2013 (Regulations) to amend the structure of UK annual reports have been published and laid before Parliament.

    Filed under:
    Australia, European Union, Singapore, United Kingdom, USA, Arbitration & ADR, Capital Markets, Company & Commercial, Competition & Antitrust, Construction, Employee Benefits & Pensions, Insolvency & Restructuring, Insurance, Intellectual Property, Internet & Social Media, Litigation, Public, Real Estate, Telecoms, Herbert Smith Freehills LLP
    Location:
    Australia, European Union, Singapore, United Kingdom, USA
    Firm:
    Herbert Smith Freehills LLP
    Addressing the implications of non-EEA national depositor preference regimes
    2012-09-13

    In certain non-EEA countries, if a firm becomes insolvent, the claims of depositors in the home country will be preferred above the claims of depositors outside the home country, including the depositors of the UK branch.   The FSA is now consulting on proposals which will very significantly impact deposit-taking firms from non-EEA countries that operate national depositor preference regimes.  

    These firms will be required either:

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Herbert Smith Freehills LLP
    Location:
    United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    Silentnight - sweet dreams for the pensions regulator
    2011-05-13

    The story of the Silentnight restructuring has featured in the press today. There have been calls for the Pensions Regulator to use its anti-avoidance powers under the Pensions Act 2004 to compel HIG Europe to pay more towards the considerable deficit of the Silentnight Pension Scheme, following the purchase of Silentnight out of administration by the private equity firm last Saturday. Earlier this year, Silentnight had failed to obtain the PPF's approval to a Creditors Voluntary Arrangement aimed at addressing its historic debt, including a pensions deficit of around £100m.

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Herbert Smith Freehills LLP, Contractual term, Shareholder, Debtor, Unsecured debt, Debt, Pension Protection Fund, Pensions Act 2004 (UK), The Pensions Regulator, High Court of Justice, Trustee
    Authors:
    Ian Gault , Daniel Schaffer , Alison Brown , Roderick Morton , Naveed Soomro
    Location:
    United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    The House of Lords sets aside order for examination of foreign officer of judgment debtor
    2010-06-03

    In a recent opinion (Masri v Consolidated Contractors International Co. SAL and others [2009] UKHL 43) handed down in the final days of the House of Lords, their Lordships clarified a point which may be of some significance for successful claimants seeking to enforce a Court order against corporate defendants.  

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP, Fraud, Debt, Contempt of court, House of Lords, Court of Appeal of England & Wales
    Location:
    United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    Dubai World - government releases details of a tailor-made restructuring process
    2009-12-22

    As many Japanese contractors are exposed to the financial crisis in Dubai, this month our Construction Disputes Avoidance Newsletter focuses on an important recent development concerning Dubai World. At the same time as announcing that the Nakheel sukuk due for repayment on 14 December would be repaid in full, the Dubai government stated that it would pass a reorganisation law for the Dubai World group in case that group is unable to achieve an acceptable restructuring of its remaining obligations. The details of that new law have now been released in the form of Dubai Decree No.

    Filed under:
    United Arab Emirates, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP, Injunction, Common law, Best practice, Promulgation, Dubai International Financial Centre, High Court judge (England and Wales)
    Authors:
    Peter Godwin
    Location:
    United Arab Emirates
    Firm:
    Herbert Smith Freehills LLP
    Overview of Russian law on insolvency of credit organisations
    2008-11-11

    Intoduction

    With the credit crunch impacting the Russian banking sector and Russian banks facing their gravest crisis since 1998 (as evidenced by Bank Globex freezing deposits), it is in our view timely to revisit the regulations affecting the insolvency of Russian credit organisations.

    Filed under:
    Russia, Banking, Insolvency & Restructuring, Herbert Smith Freehills LLP, Bankruptcy, Credit (finance), Liquidation
    Location:
    Russia
    Firm:
    Herbert Smith Freehills LLP
    Pension Disputes Bulletin- May 2022
    2022-05-26

    HERBERT SMITH FREEHILLS

    Pension Disputes Bulletin

    Welcome to the latest edition of our regular pension disputes bulletin. In these bulletins we report on key cases, Ombudsman decisions and regulatory activity and we highlight emerging risks for pension schemes, providers, sponsors, administrators and other service providers.

    In a hurry? In a hurry? Read the `Risk warning', `Takeaways' and `Comment' boxes to find out the key risks, points to note and to read our observations on each case/ development.

    MAY 2022

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, IT & Data Protection, Litigation, Tax, Herbert Smith Freehills LLP, Due diligence, Guaranteed minimum pension, Financial Conduct Authority (UK), Information Commissioner's Office (UK), HM Revenue and Customs (UK), UK Supreme Court
    Location:
    United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    High Court rejects jurisdiction challenge on the basis that claim regarding contractual obligation to provide information did not derive from French insolvency proceedings
    2021-08-19

    The High Court has ruled that a claim for a declaration regarding a borrower’s obligations to provide information under a facility agreement was not a claim which itself derived from borrower’s French insolvency proceedings for the purposes of Article 6(1) of the Recast European Insolvency Regulation (EU) 2015/848 (the “Recast Insolvency Regulation”).

    Filed under:
    European Union, France, United Kingdom, Insolvency & Restructuring, Litigation, Public, Herbert Smith Freehills LLP, Brexit
    Authors:
    Andrew Cooke , Peter Thompson
    Location:
    European Union, France, United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    Court of Appeal confirms that the Quincecare duty does not extend to protect creditors
    2021-04-26

    The Court of Appeal has struck out Quincecare duty and dishonest assistance claims brought by the liquidators of a company running a Ponzi scheme against a correspondent bank that operated various accounts for the company.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP
    Authors:
    Ceri Morgan , Andrew Cooke
    Location:
    United Kingdom
    Firm:
    Herbert Smith Freehills LLP

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