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    “Are you anticipating a debt rescheduling?”
    2013-10-04

    Two recent cases (Torre Asset Funding Limited & anr v The Royal Bank of Scotland plc [2013] EWHC 2670 (Ch) and Grupo Hotelero Urvasco S.A. v Carey Value Added S.L.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Litigation, CMS Cameron McKenna Nabarro Olswang LLP, Debtor, Debt, Default (finance), High Court of Justice
    Location:
    United Kingdom
    Firm:
    CMS Cameron McKenna Nabarro Olswang LLP
    CMS victory as Court of Appeal overturns Tambrook
    2013-05-02

    CMS has succeeded in its application on behalf of HSBC to overturn the High Court’s decision inRe Tambrook Jersey Limited. The ruling will be welcomed by creditors and practitioners alike as the Court of Appeal has confirmed the UK courts have jurisdiction to grant assistance to a foreign court under the cross-border assistance provisions of section 426 of the Insolvency Act 1986 even where formal insolvency proceedings have not been opened in the foreign jurisdiction.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, CMS Cameron McKenna Nabarro Olswang LLP, Insolvency Act 1986 (UK), HSBC, High Court of Justice
    Authors:
    Rita Lowe
    Location:
    United Kingdom
    Firm:
    CMS Cameron McKenna Nabarro Olswang LLP
    Liquidators must disclose the identity of third-party funders to facilitate an application for security for costs, but only to a confidentiality club
    2018-01-16

    In Hellas Telecommunications (Luxembourg) [2017] EWHC 3465 (Ch), the High Court ordered respondent liquidators to disclose the identity of third-party litigation funders and the terms on which funding was provided in order to facilitate an application for security of costs.

    Facts

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, CMS Cameron McKenna Nabarro Olswang LLP, High Court of Justice
    Location:
    United Kingdom
    Firm:
    CMS Cameron McKenna Nabarro Olswang LLP
    Insurers not entitled to a lien over litigation proceeds of a foreign insolvent company
    2017-12-06

    Overview

    The High Court has held that insurers who had facilitated litigation proceedings by an insolvent company were not entitled to a lien akin to a solicitor’s common law or equitable lien over the proceeds of the litigation to recover the deferred premium.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Insurance, Litigation, CMS Cameron McKenna Nabarro Olswang LLP, High Court of Justice
    Authors:
    Helen Coverdale , Rita Lowe
    Location:
    United Kingdom
    Firm:
    CMS Cameron McKenna Nabarro Olswang LLP
    Security for costs: Court of Appeal rules that avoidable ATE insurance offered insufficient protection to defendants - Premier Motorauctions reversed
    2017-11-23

    Earlier today, the Court of Appeal handed down a significant judgment dealing with the adequacy of standard form after-the-event (“ATE”) insurance to defeat an application for security for costs.

    In an unanimous ruling, the Court of Appeal overturned the High Court’s judgment on the defendants’ security for costs applications in Premier Motorauctions Limited (in liquidation), Premier Motorauctions Leeds Limited (in liquidation) v PricewaterhouseCoopers LLP and Lloyds Bank plc [2016] EWHC 2610 (Ch).

    Filed under:
    United Kingdom, Insolvency & Restructuring, Insurance, CMS Cameron McKenna Nabarro Olswang LLP, High Court of Justice
    Location:
    United Kingdom
    Firm:
    CMS Cameron McKenna Nabarro Olswang LLP
    Court refuses application for pre-action disclosure of insurance policy
    2017-05-16

    Court refuses application for pre-action disclosure of insurance policy

    The High Court has refused an application for pre-action disclosure of the public liability insurance policy of a company that, if litigation were pursued against it, was likely to become insolvent.

    Background

    Filed under:
    United Kingdom, Insolvency & Restructuring, Insurance, Litigation, CMS Cameron McKenna Nabarro Olswang LLP, High Court of Justice
    Authors:
    Alaina Wadsworth
    Location:
    United Kingdom
    Firm:
    CMS Cameron McKenna Nabarro Olswang 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
    Authors:
    Philip Woodfield , Rachel Harrison
    Location:
    United Kingdom
    Firm:
    CMS Cameron McKenna Nabarro Olswang LLP
    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
    Authors:
    Connor Pierce
    Location:
    United Kingdom
    Firm:
    Ashfords LLP
    Harriet Lock -v- Aylesbury Vale District Council [2018] EWHC 2015 (Ch)
    2018-09-28

    The Facts

    Following a statutory demand for unpaid council tax in the sum of £8,067, a bankruptcy petition was presented against Ms Harriet Lock. The council provided Ms Lock with evidence of the council tax liability orders confirming the debt. Ms Lock provided evidence in response, which explained that she was living in social housing and was financially dependent on her daughter. At a first hearing, the court adjourned and ordered that Ms Lock provide a skeleton argument to explain why a bankruptcy order should not be made.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Ashfords LLP, Bankruptcy, Insolvency Act 1986 (UK), High Court of Justice
    Authors:
    Cathryn Butler
    Location:
    United Kingdom
    Firm:
    Ashfords LLP
    Re Nortel Networks UK Ltd & Ors [2017] EWHC 1429 (Ch)
    2017-08-29

    It was ordered that the Administrators could distribute to unsecured creditors, 8 years after Nortel entered Administration, so long as a reserve was maintained in relation to potential expense claims.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Ashfords LLP, Unsecured debt, High Court of Justice
    Authors:
    Olivia Bridger
    Location:
    United Kingdom
    Firm:
    Ashfords LLP

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