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    Berkeley Applegate and when administrators can get in too Deep (Purple)
    2016-12-20

    In the recent case of Gillan v HEC Enterprises Ltd (in administration) and Ors [2016] EWHC 3179 (Ch), the High Court considered (1) in what circumstances administrators can recover costs and expenses incurred in dealing with trust property and (2) how the administrators’ costs in applying for a Berkeley Applegate order and other litigation were to be dealt with.

    Background

    Filed under:
    United Kingdom, Copyrights, Insolvency & Restructuring, Litigation, Squire Patton Boggs, High Court of Justice (England & Wales)
    Authors:
    Mark Prior
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    Deep divisions over assets held in Purpletuity
    2016-12-13

    Deep Purple was, and still is, a rock music band. Its members included Mr Gillan, Mr Glover and Mr Paice. In 2005, band members entered into an agreement with HEC Enterprises Limited (HEC) and Deep Purple (Overseas) Limited (DPO). Under that agreement, the parties agreed to form a new company named Purpletuity, to which various copyrights and other assets were to be transferred. In 2015, Mr Gillan, Mr Glover and Mr Paice commenced proceedings against HEC and DPO to enforce that agreement.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Buddle Findlay, Costs in English law, Beneficiary, High Court of Justice (England & Wales)
    Authors:
    Bridie McKinnon , Myles O'Brien , Susan Rowe , Peter Niven , David Perry , Kelly Paterson , Willie Palmer , Scott Barker , Scott Abel , Jan Etwell
    Location:
    United Kingdom
    Firm:
    Buddle Findlay
    Insolvency, marshalling, subrogation and a dog
    2016-12-13

    In Mclean v Trustees of the Bankruptcy Estate of Dent [2016] EWHC 2650, the High Court considered the application of the equitable doctrines of marshalling and subrogation in relation to a fixed charge over (among other things) a dog.

    A company and partnership borrowed funds from two sources – Barclays Bank and Lady Morrison. Barclays held, among other things, charges over farms owned by individual partners and an agricultural charge under the Agricultural Credits Act 1928 (UK), including a charge over a dog. Lady Morrison only held charges over the farms.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Buddle Findlay, Barclays, High Court of Justice (England & Wales)
    Authors:
    Bridie McKinnon , Myles O'Brien , David Perry , Willie Palmer , Peter Niven , Jan Etwell , Scott Abel , Susan Rowe , Scott Barker , Kelly Paterson
    Location:
    United Kingdom
    Firm:
    Buddle Findlay
    Pension drawdowns in the bankruptcy spotlight
    2016-12-01

    Summary

    Court of Appeal has confirmed that a bankrupt cannot be compelled to draw down pension rights for the benefit of creditors.

    Facts

    Following the supportive High Court decision in the case of Raithatha v Williamson [2012] EWHC 900 (Ch), the trustee in bankruptcy in this case applied for an order compelling a discharged bankrupt to draw down his pension rights for the benefit of his creditors.

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Taylor Wessing, High Court of Justice (England & Wales)
    Authors:
    Neil Smyth
    Location:
    United Kingdom
    Firm:
    Taylor Wessing
    Bankruptcy and the matrimonial home
    2016-12-01

    The effects of bankruptcy are invariably demoralising and can have wider, sometimes unexpected, results for other members of the family. In no other area can this be as distressing as the potential loss of the family home.

    Between family partners, whether or not married, it is usual for the family home to be owned jointly. If one of those partners is declared bankrupt, then, even if the other is blameless in connection with their finances, the effects on that blameless partner and any children can be devastating.

    Filed under:
    United Kingdom, Family, Insolvency & Restructuring, Litigation, Michelmores LLP, HM Revenue and Customs (UK), Insolvency Act 1986 (UK), Court of Appeal of England & Wales, High Court of Justice (England & Wales)
    Authors:
    Sue Dowen
    Location:
    United Kingdom
    Firm:
    Michelmores LLP
    The High Court considers whether ATE insurance can defeat an application for security for costs
    2016-11-15

    In an important judgment, the High Court has tackled the question of whether an impecunious claimant can defeat a defendant’s application for security for costs on the basis that it has ATE insurance in place.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Insurance, Litigation, CMS Cameron McKenna Nabarro Olswang LLP, Lloyds Bank, High Court of Justice (England & Wales)
    Authors:
    Philip Woodfield , Rachel Harrison
    Location:
    United Kingdom
    Firm:
    CMS Cameron McKenna Nabarro Olswang LLP
    Lomas - Court confirms statutory interest payable on insolvency is not 'yearly interest' and criticises HMRC's change of position
    2016-11-01

    In Lomas and others v HMRC [2016] EWHC 2492 (Ch), the High Court has confirmed that statutory interest payable on insolvency is not 'yearly interest' for UK tax purposes. The administrators therefore had no obligation to account for income tax on the interest payments made. The Court was also critical of HMRC's contradictory guidance on this issue.

    Background

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Tax, RPC, HM Revenue and Customs (UK), High Court of Justice (England & Wales)
    Authors:
    Michelle Sloane
    Location:
    United Kingdom
    Firm:
    RPC
    Can a third party funder remain anonymous?
    2016-11-02

    High Court considers “test case” of Wall v Royal Bank of Scotland [2016] EWHC 2460 (Comm)

    The claims

    The Claimant, Mr Wall (W), brought claims against the Defendant, Royal Bank of Scotland Group (RBS), in relation to RBS’s dealings with a now insolvent group of companies owned and controlled by W. W brought the claims in his capacity as assignee of the group’s rights and/or as beneficiary of a trust as declared by the group’s liquidators.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Legal Practice, Litigation, Kingsley Napley, Costs in English law, Information privacy, Liquidator (law), The Royal Bank of Scotland, European Convention on Human Rights, Article 8 ECHR, High Court of Justice (England & Wales)
    Authors:
    Fiona Simpson , Katie Allard
    Location:
    United Kingdom
    Firm:
    Kingsley Napley
    Lifting a stay under Cross-Border Insolvency regs (Ronelp Marine v STX Offshore & Shipbuilding)
    2016-11-07

    First published on LexisPSL Restructuring and Insolvency

    Barristers Stephen Atherton QC and Charlotte Tan of 20 Essex Street review Ronelp Marine Ltd and other companies v STX Offshore & Shipbuilding Co Ltd—in which the High Court considers whether, and the circumstances where, it should lift a stay made under the Cross-Border Insolvency Regulations SI 2006/1030 to allow litigation proceedings to be continued in England by a creditor with an unsecured monetary claim.

    Filed under:
    United Kingdom, Arbitration & ADR, Insolvency & Restructuring, Litigation, Shipping & Transport, Twenty Essex, Breach of contract, High Court of Justice (England & Wales)
    Authors:
    Charlotte Tan , Stephen Atherton KC
    Location:
    United Kingdom
    Firm:
    Twenty Essex
    High Court considers validity and timing of contractual notices in close-out procedures
    2016-11-08

    Introduction

    In Lehman Brothers International (Europe) (in Administration) v Exxonmobil Financial Services BV(1) the High Court considered a range of issues arising from the application of the close-out provisions of the standard-form Global Master Repurchase Agreement (GMRA) 2000.

    Filed under:
    United Kingdom, Banking, Capital Markets, Insolvency & Restructuring, Litigation, RPC, Security (finance), JPMorgan Chase, ExxonMobil, Lehman Brothers, High Court of Justice (England & Wales)
    Authors:
    Jake Hardy
    Location:
    United Kingdom
    Firm:
    RPC

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