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    An application by the Lehmans administrators on distribution to shareholders
    2017-11-01

    Key point

    • In certain circumstances the court will look to parallel statutory provisions where existing applicable statute does not accommodate the situation, as long as the latter is not offended, expanded or altered by doing so.

    The facts

    This application for directions was brought by the administrators of Lehman Brothers Europe Ltd (the “Company”) on:

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Taylor Wessing, Lehman Brothers, High Court of Justice (England & Wales)
    Authors:
    Katherine Hudson
    Location:
    United Kingdom
    Firm:
    Taylor Wessing
    Assignment of Claims by Company in Liquidation - A failed application
    2017-11-01

    In Global Corporate Limited v Dirk Stefan Hale [2017] EWHC 2277 (Ch), the Applicant, the assignee of the claim in question, failed in its application seeking relief against the former director and shareholder of a company in liquidation, Mr Hale (DSH). The decision is a salutary lesson in the importance of a properly drafted Deed of Assignment, the need to properly consider the commercial benefits of such an assignment and the risks of pursuing an unlawful dividend claim.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, DAC Beachcroft, High Court of Justice (England & Wales)
    Authors:
    Giles Hindle
    Location:
    United Kingdom
    Firm:
    DAC Beachcroft
    Can the terms of a settlement agreement be challenged under section 127 of the Insolvency Act 1986?
    2017-11-01

    The Facts

    In between the presentation of a winding up petition and making of a winding up order, a company entered into a settlement agreement with the Respondent, who founded the company and was previously a shareholder and director of the company.

    The Decision

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Taylor Wessing, High Court of Justice (England & Wales)
    Authors:
    Neil Smyth
    Location:
    United Kingdom
    Firm:
    Taylor Wessing
    Global Corporate Limited -v- Dirk Stefan Hale High Court of Justice, Chancery Division [2017] EWHC 2277 (Ch)
    2017-10-13

    The Facts

    The Claimant purchased various rights to action from the Liquidator of a Company. The Deed of Assignment included the right to bring a claim for "alleged illegal dividends and/or transactions at an undervalue" arising out of payments to the Defendant, a director/shareholder, had received. It is important to note that the Deed of Assignment did not grant the right to bring a claim for Preference.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Ashfords LLP, Companies Act 2006 (UK), High Court of Justice (England & Wales)
    Authors:
    Connor Pierce
    Location:
    United Kingdom
    Firm:
    Ashfords LLP
    Recovery of interim dividends?
    2017-10-20

    In a recent High Court decision, the court found that interim dividend payments made to a director were salary payments and not unlawful dividends/transactions at undervalue. This decision could make it more difficult for liquidators to recover sums from directors who do not have particular legal or accounting expertise.

    Background

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Shepherd and Wedderburn LLP, Dividends, High Court of Justice (England & Wales)
    Authors:
    Fiona McKerrell , Gillian Carty
    Location:
    United Kingdom
    Firm:
    Shepherd and Wedderburn LLP
    When is a trust not a trust?
    2017-10-20

    Summary

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, Mayer Brown, High Court of Justice (England & Wales)
    Authors:
    Susan Rosser
    Location:
    United Kingdom
    Firm:
    Mayer Brown
    Administrators of Lehman Brothers Group obtain settlement directions
    2017-09-26

    In the English High Court, the joint administrators of four English companies within the former Lehman Brothers group sought directions from the Court in respect of a proposed settlement. The settlement would put to rest substantial inter-company claims including those at issue in the 'Waterfall III' proceedings.

    Filed under:
    United Kingdom, England, Company & Commercial, Insolvency & Restructuring, Litigation, Buddle Findlay, Lehman Brothers, High Court of Justice (England & Wales)
    Authors:
    Bridie McKinnon , Oliver Gascoigne , Matthew Triggs , Myles O'Brien , Susan Rowe , Peter Niven , David Perry , Scott Abel , Kelly Paterson , Scott Barker , Willie Palmer , Jan Etwell , David Broadmore
    Location:
    United Kingdom
    Firm:
    Buddle Findlay
    Is a legal claim onerous property that can be disclaimed?
    2017-09-04

    The facts

    A former bankrupt had purported claims against a firm of solicitors arising pre-bankruptcy, which vested in his subsequently appointed trustee in bankruptcy. The debtor wrote to both the Official Receiver (OR) and, post appointment, the trustee in bankruptcy, offering to buy the claims. The trustee subsequently disclaimed the claims. The debtor alleged that the claims had already re-vested in him following his notice to both the trustee and the OR.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Taylor Wessing, High Court of Justice (England & Wales)
    Authors:
    Neil Smyth
    Location:
    United Kingdom
    Firm:
    Taylor Wessing
    High Court rejects trustees' use of bankrupt's privileged documents
    2017-09-05

    Introduction

    Filed under:
    United Kingdom, Insolvency & Restructuring, Legal Practice, Litigation, RPC, Solicitor, Legal professional privilege, High Court of Justice (England & Wales)
    Authors:
    Laura Evans
    Location:
    United Kingdom
    Firm:
    RPC
    Finance litigation briefing - September 2017
    2017-09-06

    Gowling WLG's finance litigation experts bring you the latest on the cases and issues affecting the lending industry.

    Single signature bank mandate binding on partnership

    The High Court has recently considered whether a one signature bank mandate was sufficient to bind a partnership to various loan agreements.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Litigation, Real Estate, Gowling WLG, Court of Appeal of England & Wales, High Court of Justice (England & Wales)
    Location:
    United Kingdom
    Firm:
    Gowling WLG

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