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    Liability for "misfeasant trading" - guidance from the latest BHS judgment
    2024-09-05

    Following the judgment of the High Court in June 2024 finding two former directors of BHS liable for (amongst other things) wrongful trading and breaches of their directors' duties to creditors in the prelude to the insolvency of the BHS group[1], Mr.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, A&O Shearman, High Court of Justice (England & Wales)
    Authors:
    Nick Charlwood , Joel Ferguson , Katrina Buckley , Christopher Poel
    Location:
    United Kingdom
    Firm:
    A&O Shearman
    BHS directors ordered to pay over £100m in respect of trading misfeasance redress
    2024-09-04

    On 19 August 2024, the High Court handed down its quantum decision in Wright v Chappell [2024] EWHC 2166 (Ch), which for the first time sets out the method for quantifying loss relating to "trading misfeasance" claims.

    Introduction

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, RPC, Insolvency, High Court of Justice (England & Wales)
    Authors:
    Zoe Melegari , Cory Gilbert-Haworth
    Location:
    United Kingdom
    Firm:
    RPC
    BHS - Wrongful and misfeasant trading - what directors need to know
    2024-06-24

    In this alert, we consider the implications from the recent High Court judgment finding two former directors of BHS liable for various heads of wrongdoing, including wrongful trading and "misfeasant trading".

    What Directors need to know

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, A&O Shearman, Companies Act 2006 (UK), High Court of Justice (England & Wales)
    Authors:
    Nick Charlwood , Joel Ferguson , Katrina Buckley
    Location:
    United Kingdom
    Firm:
    A&O Shearman
    English High Court gives guidance on the so-called creditor duty where a company faces solvency-threatening claim
    2023-09-14

    When a company is in the so-called “twilight zone” approaching insolvency, it is well-established that the directors’ fiduciary duties require them to take into account interest of creditors (the so-called “creditor duty”).

    Filed under:
    Hong Kong, United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP, High Court of Justice (England & Wales)
    Authors:
    Gareth Thomas , Jojo Fan , Peter Ng , Grace Lee
    Location:
    Hong Kong, United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    Schrödingers Liability - When does the duty to consider creditors’ interests arise if a liability is disputed?
    2023-09-13

    When does the directors' duty arise to consider creditors' interests in the face of insolvency if a liability is disputed? Hayley Capani and Kate Garcia consider the case of Hunt v Singh and conclude we still don't have all the answers.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Tax, Shoosmiths LLP, HM Revenue and Customs (UK), High Court of Justice (England & Wales)
    Authors:
    Hayley Çapani , Kate Garcia
    Location:
    United Kingdom
    Firm:
    Shoosmiths LLP
    Irish courts' jurisdiction to appoint examiners to foreign companies clarified
    2023-07-14

    The High Court (Mr Justice Quinn) has in the case of Mac Interiors Limited [2023] IEHC 395appointed an examiner by way of the direct appointment procedure to a company incorporated outside of the area to which the European Insolvency Regulation (Regulation (EU) 2015/848) (the “EIR”) applies. This is the first time the procedure has been used by the Irish courts in such circumstances.

    Filed under:
    European Union, Ireland, United Kingdom, Insolvency & Restructuring, Litigation, Matheson LLP, Brexit, Insolvency Regulation (1346/2000) (EU), High Court of Justice (England & Wales)
    Authors:
    Tony O'Grady , Kevin Gahan , Brendan Colgan , Julie Murphy O'Connor
    Location:
    European Union, Ireland, United Kingdom
    Firm:
    Matheson LLP
    English High Court refuses to sanction restructuring plan which crams down HMRC
    2023-07-10

    In the recent restructuring plan case of Re Nasmyth Group Limited1("Nasmyth"), the English High Court declined to exercise its discretion to order "cross class cram down" of HMRC, which was a dissenting plan creditor and which had opposed sanction of the plan, concluding that it would be unfair to sanction the plan.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Tax, Mayer Brown, HM Revenue and Customs (UK), High Court of Justice (England & Wales)
    Authors:
    Alexandra Wood , Sheena Frazer
    Location:
    United Kingdom
    Firm:
    Mayer Brown
    Court of Appeal dismisses abusive claim against court appointed receivers and provides important clarification for trustees and insolvency practitioners seeking prior court approval for their actions
    2023-07-06

    The Court of Appeal has upheld the High Court decision of Mr Justice Fancourt in Denaxe Limited v Cooper & Anor [2022] EWHC 764 (Ch) striking out a substantial damages claim brought against court appointed receivers concerning the 2019 sale of Blackpool Football Club.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Beale & Co, Companies Act 2006 (UK), High Court of Justice (England & Wales)
    Authors:
    Martin Jensen , Zoe White
    Location:
    United Kingdom
    Firm:
    Beale & Co
    Employment law issues in Channel Islands insolvencies
    2023-05-23

    A recent English law case has highlighted an issue relevant to those involved in Channel Islands-related insolvencies – and particularly to insolvency practitioners ("IPs") who take on appointments as administrators – about the interplay between insolvency legislation and employment law.

    Filed under:
    Guernsey, Jersey, United Kingdom, Employment & Labor, Insolvency & Restructuring, Litigation, Walkers, Unfair dismissal, Insolvency, High Court of Justice (England & Wales), UK Supreme Court
    Authors:
    Sarah Brehaut , Adam Cole , Sarah Ash , Danielle Brouard , Richard Holden , Daniel Read
    Location:
    Guernsey, Jersey, United Kingdom
    Firm:
    Walkers
    High Court decides that satellites aren’t necessarily floating (charges)
    2023-05-11

    Relevant Facts

    Avanti Communications Limited (Company) appointed administrators to affect a sale. The sale included items under a ‘Relevant Assets’ definition. These items consisted of were a satellite payload, certain equipment used in the operation of network and ground station facilities, certain satellite network filings and certain ground station licences which entitled the company to operate the ground station assets.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Capital Law LTD, High Court of Justice (England & Wales)
    Authors:
    Christopher Lewis
    Location:
    United Kingdom
    Firm:
    Capital Law LTD

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