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    Resolving remaining COVID-19 commercial rent debts - key decisions so far
    2022-08-10

    Background of the Act

    Filed under:
    United Kingdom, Arbitration & ADR, Insolvency & Restructuring, Litigation, Coronavirus
    Location:
    United Kingdom
    Banking and financial services litigation: 2021 in review
    2022-01-27

    A number of key decisions from the English courts in 2021 illustrate the litigation trends that are likely to have implications for the financial services industry in 2022 and beyond (see below “Cases to watch in 2022”).

    Market misconduct and mis-selling

    In the first of a series of claims issued by ECU Group Plc in relation to alleged wrongdoing in the foreign exchange markets by a number of banks, the High Court held that:

    Filed under:
    European Union, United Kingdom, Banking, Insolvency & Restructuring, IT & Data Protection, Litigation, White Collar Crime, Freshfields Bruckhaus Deringer LLP, Libor, Personal data, Coronavirus, GDPR, Financial Services and Markets Act 2000 (UK), Financial Conduct Authority (UK), Barclays, Google, Serious Fraud Office (UK), House of Lords, HSBC, Carillion, Court of Justice of the European Union, UK Supreme Court
    Location:
    European Union, United Kingdom
    Firm:
    Freshfields Bruckhaus Deringer LLP
    UK Supreme Court re-affirms that liquidated damages provisions survive termination of a contract
    2021-07-30

    At A Glance

    This past month, the Supreme Court overturned the Court of Appeal’s decision in Triple Point Technology Inc v PTT Public Company Ltd[2021] UKSC 29, and most notably, found that liability for liquidated damages survives termination of the contract and extends to work that was not completed as at the date of termination.

    Background

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Freshfields Bruckhaus Deringer LLP, UK Supreme Court
    Location:
    United Kingdom
    Firm:
    Freshfields Bruckhaus Deringer LLP
    Amigo's consumer redress scheme granted leave to convene
    2021-04-01

    Background

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Freshfields Bruckhaus Deringer LLP, Coronavirus, Microsoft
    Authors:
    Richard Tett , Lynette Ebo
    Location:
    United Kingdom
    Firm:
    Freshfields Bruckhaus Deringer LLP
    Duty of care in UK insolvency sales
    2021-01-27

    In Uralkali v Rowley and another [2020] EWHC 3442 (Ch), the High Court confirmed that it is unlikely that an officeholder would be found to owe a duty of care to participants in a sale process out of an insolvent estate. This is an important decision which will give officeholder’s considerable comfort that operating an administration or liquidation sale in the ordinary course is unlikely to expose them to risk of liability to a bidder for the way the process is run.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Freshfields Bruckhaus Deringer LLP
    Authors:
    Nicholas Cooper
    Location:
    United Kingdom
    Firm:
    Freshfields Bruckhaus Deringer LLP
    How the increasing number of insolvencies in Brazil may affect arbitration
    2020-09-25

    Brazilian companies have increasingly chosen arbitration as their preferred method for resolving domestic and international disputes. Now the impact of COVID-19 in Brazil has caused a sharp increase in insolvencies, and there is no expectation of a quick turnaround in the next months and, possibly, years to come. What, then, are the potential effects of Brazilian insolvency proceedings on arbitration in Brazil and abroad?

    Are arbitration agreements affected by the opening of insolvency proceedings?

    Filed under:
    Brazil, Arbitration & ADR, Insolvency & Restructuring, Litigation, Freshfields Bruckhaus Deringer LLP, Litigation funding, Coronavirus
    Location:
    Brazil
    Firm:
    Freshfields Bruckhaus Deringer LLP
    The most significant insolvency reforms for a generation: UK Corporate Insolvency and Governance Bill
    2020-05-28

    In March 2020, the UK government announced that changes will be made to enable UK companies undergoing a rescue or restructure process to continue trading, giving them breathing space that could help them avoid insolvency.

    The legislation implementing this has now been laid before Parliament in the Corporate Insolvency and Governance Bill. This includes measures intended to tide companies through the COVID-19 pandemic, as well as far-reaching wholesale reforms to the UK’s restructuring toolbox.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Freshfields Bruckhaus Deringer LLP, Coronavirus, UK House of Commons, House of Lords
    Authors:
    Katharina Crinson , Lindsay Hingston , Catherine Balmond , Richard Tett , Ken Baird , Adam Gallagher
    Location:
    United Kingdom
    Firm:
    Freshfields Bruckhaus Deringer LLP
    EU Directive on Insolvency, Restructuring and Second Chance
    2019-12-05

    What is the preventive restructuring framework and what are its key features?

    Where there is a likelihood of insolvency (but importantly where the debtor is not yet insolvent as defined by national law), Member States must provide debtors with access to a preventive restructuring framework that enables them to restructure, with a view to preventing insolvency and ensuring their viability.

    Filed under:
    European Union, Global, Insolvency & Restructuring, Litigation, Freshfields Bruckhaus Deringer LLP, Debtor
    Location:
    European Union, Global
    Firm:
    Freshfields Bruckhaus Deringer LLP
    Aiuti di Stato e insolvenza - L’Avvocato Generale chiarisce cosa si intende per “imprese in difficoltà” e quando le autorità nazionali possono ordinare la revoca di un aiuto concesso nei loro confronti
    2017-04-10

    Il 5 aprile scorso l’Avvocato Generale Campos Sànchez-Bordona (AG) ha rassegnato le proprie conclusioni nell’ambito della causa C-245/16 pendente innanzi alla Corte di Giustizia (CdG) e instaurata su un rinvio pregiudiziale da parte del TAR Marche.

    Filed under:
    European Union, Italy, Insolvency & Restructuring, Litigation, Trade & Customs, Freshfields Bruckhaus Deringer LLP, Court of Justice of the European Union
    Location:
    European Union, Italy
    Firm:
    Freshfields Bruckhaus Deringer LLP
    Subordination of certain unsecured debt Instruments in Germany under the Resolution Mechanism Act
    2015-12-03

    Overview

    In November 2015, the German legislator passed the Resolution Mechanism Act (Abwicklungsmechanismusgesetz, AbwMechG). The law introduces, among other things, Section 46f (5) et seqq. of the German Banking Act (Kreditwesengesetz, KWG), which requires that claims under certain unsecured debt instruments be subordinated to general senior unsecured obligations in an insolvency proceeding involving a German bank.

    Filed under:
    Germany, Banking, Capital Markets, Insolvency & Restructuring, Freshfields Bruckhaus Deringer LLP, Unsecured debt
    Location:
    Germany
    Firm:
    Freshfields Bruckhaus Deringer LLP

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