In a significant ruling for shareholders, companies and directors, the Supreme Court has confirmed that unfair prejudice petitions under section 994 of the Companies Act 2006 (CA 2006) are not caught by statutory time limits imposed by the Limitation Act 1980 (LA 1980).
This Legal Update explores the considerations that a warehouse lender should bear in mind when deciding whether to provide borrowing base credit for participation interests and defining eligible participation interests.
Example of Eligibility Criterion:
Such Collateral Loan is not a participation in a debt obligation or a loan unless it is an Eligible Participation Interest.
Why Do Lenders Care if an Underlying Asset is a Participation Interest?
April 07, 2026 The Insolvency and Bankruptcy Code (Amendment) Act, 2026 The Amendment Bill has now been approved by the Parliament post the report of the Select Committee as the Insolvency and Bankruptcy Code (Amendment) Act, 2026 (Act). Once in effect, the Act makes significant amendments to the Insolvency and Bankruptcy Code, 2016 (IBC) introducing several new concepts and tweaking existing concepts in light of difficulties faced to make the IBC more efficient. This note sets out a summary of the key changes. A. Corporate Insolvency 1.
The Insolvency and Bankruptcy Board of India released the Report of the Committee on Framing Guidelines for Insolvency Proceedings in the Real Estate Sector, pursuant to directions of the Supreme Court of India in the case of Mansi Brar Fernandes v. Shubha Sharma & Ors., (December 12, 2025). The Court emphasized the need to prioritise project completion and protect homebuyer interests, consistent with broader constitutional principles, including the right to shelter under Article 21.
Der EuGH stärkt die Rangordnung im deutschen Insolvenzverfahren. Für Geschäftsleiter steigt der Druck, für Verwalter die Schlagkraft.Wenn die Rechtswahl in der Krise nicht mehr rettet
Licensing has been a focus topic in our team lately and for good reason. If you’re a residential builder or a specialist trade in NSW, then no ticket, no play.
While the facts of the decision in Leto v Secretary Department of Customer Service [2026]NSWCATOD 26 (Leto v Secretary) are obviously very specific, an insolvency in an applicant’s trading history is frequently a barrier to licensing and is frequently an inducement to do whatever is necessary to avoid insolvency, so as to retain a licence or the future prospect of one.
In Re Esken Limited (Overseas Company Number FC041629) [2026] EWHC 495 (Ch) (the “Judgment”), the High Court addressed a question with significant practical implications: can a company incorporated overseas but operating primarily in the UK move from administration into a creditors' voluntary liquidation (“CVL”)?
Many individuals believe that simply having accumulated debt is enough for a court to accept an insolvency application, but the legal reality is quite different. The UAE Insolvency Law for natural persons provides genuine protection for the debtor; however, in return, it imposes strict formal and substantive requirements.
The Court of Appeal’s recent judgment in TAQA Bratani Limited [2025] EWCA Civ 1669 (“TAQA”) has reshaped the risk landscape for directors operating within corporate group structures, particularly complex ones.