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    ADGM Court holds that NMC can bring fraudulent and wrongful trading claims retroactively
    2024-07-11

    Another groundbreaking judgment from the ADGM Courts in the NMC matter 📢🇦🇪👨🏻⚖️ and another example of the ADGM Courts drawing important parallels between ADGM and English law.

    English proceedings re NMC Health Plc are also ongoing. In his judgment at CFI on 8 July 2024, Sir Justice Andrew Smith found that:

    1. The ADGM Courts can make an order in respect of the fraudulent carrying on of the business of a company prior to the time at which that company was continued in the ADGM.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Charles Russell Speechlys, Insolvency
    Authors:
    Nicola Jackson
    Location:
    United Kingdom
    Firm:
    Charles Russell Speechlys
    The spirit of business rescue: What creditors need to know
    2024-07-11

    ​​A business rescue plan (a plan) should ideally benefit all affected persons in the best way possible, and a vote in support of its adoption or rejection should not be premised purely on self-interest while disregarding the collective benefit of all affected persons.

    A recent High Court judgment highlighted this fact, setting aside the major creditors' votes on the grounds of inappropriateness, and investigating the creditors' conduct during the business rescue process.

    Filed under:
    South Africa, Company & Commercial, Insolvency & Restructuring, Litigation, Webber Wentzel
    Authors:
    Christopher Holfeld , Xolani Mabuza
    Location:
    South Africa
    Firm:
    Webber Wentzel
    Privy Council Resolves Question of Interplay between Liquidation Proceedings and Arbitration Agreements
    2024-07-12

    The Privy Council endorsed the Commercial Court's approach in the British Virgin Islands (BVI) in staying insolvency proceedings, even when faced with a pre-existing arbitration agreement, only when a debt is genuinely disputed on substantial grounds.

    Introduction

    Filed under:
    British Virgin Islands, Arbitration & ADR, Insolvency & Restructuring, Litigation, Mourant, Liquidation
    Authors:
    Eleanor Morgan , Shane Donovan , Sophie Christodoulou
    Location:
    British Virgin Islands
    Firm:
    Mourant
    Vulnerable transactions under Singapore law
    2024-07-12

    The rules governing corporate and personal insolvency in Singapore are set out in the Insolvency, Restructuring and Dissolution Act 2018 (IRDA), which includes mechanisms to reverse transactions that unfairly deplete a company's assets prior to insolvency, thereby protecting creditors' interests by allowing the value of the company’s assets to be maximised for distribution to its creditors on insolvency.

    Filed under:
    Singapore, Insolvency & Restructuring, CMS Holborn Asia, Insolvency
    Authors:
    Daniel Tan
    Location:
    Singapore
    Firm:
    CMS Holborn Asia
    BHS: wrongful trading, director's duties, "misfeasant trading" and the personal liability of the directors
    2024-07-15

    In March 2015 the major high street retailer British Home Stores (BHS) was acquired for ÂŁ1 by Retail Acquisitions Limited (RAL), a company owned by Mr Dominic Chappell. Mr Chappell became a director of the BHS entities upon completion of the purchase, together with three other individuals.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Stevens & Bolton LLP, UK House of Commons
    Authors:
    David Steinberg , Tim Carter , Joanna Charter
    Location:
    United Kingdom
    Firm:
    Stevens & Bolton LLP
    Broom v Aguilar
    2024-07-15

    Although an insolvency case, the judgment of His Honour Judge Paul Matthews, sitting as a High Court Judge, in Broom v Aguilar [2024] EWHC 1764 (Ch) deals with a service issue of more general importance.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Wedlake Bell, Non-fungible tokens
    Authors:
    Frances Coulson
    Location:
    United Kingdom
    Firm:
    Wedlake Bell
    7th Cir. Upholds Rejection of Borrower’s FCRA and FDCPA Claims Arising from Collection and Reporting Post-Bankruptcy
    2024-07-15

    The U.S. Court of Appeals for the Seventh Circuit recently upheld a trial court’s rejection of a borrower’s allegations that a mortgagee and its servicer violated the federal Fair Credit Reporting Act and the federal Fair Debt Collection Practices Act by allegedly inaccurately reporting her loan as delinquent following the borrower’s successful completion of her bankruptcy plan, allegedly rejecting her subsequent monthly payments, and filing a foreclosure action based on the supposed post-bankruptcy defaults.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Maurice Wutscher LLP, Bankruptcy, Fair Debt Collection Practices Act 1977 (USA), Seventh Circuit, U.S. Court of Appeals
    Authors:
    Ralph T. Wutscher
    Location:
    USA
    Firm:
    Maurice Wutscher LLP
    Restructuring & Insolvency Newsletter - July 2024 | News
    2024-07-15

    Judges of Barcelona unify principles on certain points of insolvency law

    Filed under:
    Spain, Insolvency & Restructuring, Garrigues, Insolvency, European Commission
    Authors:
    Adrian Thery , Borja García-Alamán , Juan Verdugo , Juan María Jiménez Moreno
    Location:
    Spain
    Firm:
    Garrigues
    Restructuring & Insolvency Newsletter - July 2024 | Judgments
    2024-07-15

    International case law

    European jurisprudence on universal and territorial procedures

    Judgment of the Court of Justice of the European Union of April 18, 2024 (AIR BERLIN case)

    Filed under:
    European Union, Spain, Insolvency & Restructuring, Litigation, Garrigues, Insolvency, Court of Justice of the European Union
    Authors:
    Adrian Thery , Borja García-Alamán , Juan Verdugo , Juan María Jiménez Moreno
    Location:
    European Union, Spain
    Firm:
    Garrigues
    The Power of the ADGM Court to Supervise Onshore Insolvencies: NMC Healthcare Limited & Ors v Bank of Baroda & Ors [2024] ADGMCFI 0007
    2024-07-15

    In a significant recent judgment, the ADGM Court has clarified that it has jurisdiction to hear an action for fraudulent trading against the former directors of an onshore UAE company.

    By way of background, NMC Healthcare LTD (NMC), and its various subsidiaries, were incorporated in onshore UAE. On 17 September 2020, NMC was redomiciled as an ADGM company. Shortly thereafter, on 27 September 2020, NMC was put into administration pursuant to the ADGM Insolvency Regulations 2015 and joint administrators (the Joint Administrators) appointed.

    Filed under:
    United Arab Emirates, Insolvency & Restructuring, Litigation, Clyde & Co LLP
    Authors:
    Keith Hutchison , William Prasifka , Tayler Wright
    Location:
    United Arab Emirates
    Firm:
    Clyde & Co LLP

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