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    Litigation success through joined-up dispute services
    2022-11-25

    The recent High Court judgment in Re CGL Realisations Limited (In Liquidation) in favour of Geoff Carton-Kelly as additional liquidator of failed electrical retailer Comet ordered the company’s former French parent, Darty, to pay over £100m to restore the preferential repayment of an intercompany loan owed to Darty in the run-up to Comet’s sale shortly before its insolvency. The additional liquidator was appointed in 2018 by the court specifically to investigate the circumstances of Comet’s sale in advance of its demise in 2012.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, FRP Advisory, Liquidation, Insolvency
    Authors:
    David Hinrichsen
    Location:
    United Kingdom
    Firm:
    FRP Advisory
    Direct route versus recognition route – Hong Kong court's modern approach in Up Energy case
    2022-11-25

    Introduction
    Background
    Facts
    Comment


    Introduction

    Filed under:
    Hong Kong, Insolvency & Restructuring, William KW Leung & Co
    Authors:
    William Leung
    Location:
    Hong Kong
    Firm:
    William KW Leung & Co
    BVI Business Companies (Amendment) Act 2022 - Striking Off, Dissolution and Restoration of Companies
    2022-11-25

    BVI Business Companies (Amendment) Act revisions effective 1 January 2023

    Filed under:
    British Virgin Islands, Company & Commercial, Insolvency & Restructuring, Walkers
    Authors:
    Rosalind Nicholson , Luke Petith , Colette Wilkins , Andrew Chissick , Adam Hinks
    Location:
    British Virgin Islands
    Firm:
    Walkers
    Unusual but uplifting: Court approves liquidators’ reasonable success fee
    2022-11-25

    This week’s TGIF considers a recent decision in Re HRL Limited (in liq) & Anor [2022] VSC 693, in which the Court approved a success fee in addition to the liquidators’ remuneration calculated by the application of a time-based costing method.

    Key takeaways

    Filed under:
    Australia, Capital Markets, Insolvency & Restructuring, Litigation, Corrs Chambers Westgarth, Corporations Act 2001 (Australia)
    Authors:
    Cameron Cheetham
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth
    Why liquidation isn’t the panacea to disputes with the VAT man
    2022-11-23

    Having experienced first-hand HMRC’s attempts to combat serious tax losses, one of the features of tax litigation over the last 15 years has been the prevalence of so-called ‘Kittel’ cases. These are cases in which HMRC seeks to deny repayments of VAT to companies buying goods in circumstances where HMRC has identified a fraud further up the supply chain, often many companies distant. They can involve significant amounts of VAT and form a substantial pillar of HMRC’s compliance strategy.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Tax, Keystone Law, Supply chain, HM Revenue and Customs (UK)
    Authors:
    Martin O’Neill
    Location:
    United Kingdom
    Firm:
    Keystone Law
    Prevention is better than cure when managing global supply chain issues in the retail and consumer sector
    2022-11-23

    Early contingency planning can significantly reduce the shock of service provider/supplier insolvency in service/supply chains

    In early November 2022, Made.com entered administration. Little over a year ago Made.com had floated with a valuation of £775 million. In mid-November 2022, Joules entered administration. Joules has 132 stores and around 1,700 employees.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Projects & Procurement, Osborne Clarke, Supply chain, Insolvency
    Authors:
    Douglas Hawthorn , Will Gunston
    Location:
    United Kingdom
    Firm:
    Osborne Clarke
    Removing the façade: A look behind the Building Safety Act 2022
    2022-11-23

    It is five years since the tragic Grenfell disaster but defective cladding/dangerous living conditions and fire safety are still very much hot news. But, you may be asking, why is this relevant to insolvency practitioners?

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Kingsley Napley, Mediation, Cladding, Insolvency, Building Safety Act 2022 (UK)
    Authors:
    Daniel Staunton
    Location:
    United Kingdom
    Firm:
    Kingsley Napley
    What is the Legislative Framework for Insolvency in the United Arab Emirates?
    2022-11-24

    The legislative framework for insolvency and bankruptcy in the United Arab Emirates is codified under the two following laws.

    Filed under:
    United Arab Emirates, Insolvency & Restructuring, Hassan Elhais
    Authors:
    Dr. Hassan Elhais
    Location:
    United Arab Emirates
    Firm:
    Hassan Elhais
    Summary winding up under the Companies (Jersey) Law 1991
    2022-11-24

    A summary winding up is the procedure used to wind up a solvent Jersey company under the Companies (Jersey) Law 1991 (the 1991 Law). 

     

    This guide examines the procedure for carrying out a summary winding up. 

    Steps

    The steps necessary to carry out a summary winding up are as follows:

    Filed under:
    Global, Jersey, Company & Commercial, Insolvency & Restructuring, Mourant, Articles of association
    Authors:
    Gareth Rigby , Mark Chambers , Robert Hickling
    Location:
    Global, Jersey
    Firm:
    Mourant
    Funds Insider | Issue 7
    2022-11-24

    This edition will cover:

    Filed under:
    Italy, Luxembourg, United Kingdom, Company & Commercial, Corporate Finance/M&A, Insolvency & Restructuring, Ashurst, ESG, Insolvency, COP27
    Location:
    Italy, Luxembourg, United Kingdom
    Firm:
    Ashurst

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