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    How can you safeguard your rights as a minority shareholder?
    2022-12-21

    In Company Law the will of the majority shareholders usually wins out. This is because the majority tend to be in possession of the most company capital. As such, it is the majority who “should” triumph when it comes to managing the company’s direction. Indeed, the rights of minority shareholders set out in the Companies Act 2006 (“CA 2006”) are small in number. They include:

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Eldwick Law, Shareholder, Public limited company, Companies Act 2006 (UK), Insolvency Act 1986 (UK)
    Authors:
    Rhona Baillie , Jenna Kruger
    Location:
    United Kingdom
    Firm:
    Eldwick Law
    The Good, the Bad & the Ugly: 100 cases every policyholder needs to know. #19 (The Ugly). Rashid v Direct Savings Limited
    2022-12-12

    Welcome to the latest in the series of blogs from Fenchurch Law: 100 cases every policyholder needs to know. An opinionated and practical guide to the most important insurance decisions relating to the London / English insurance markets, all looked at from a pro-policyholder perspective.

    Some cases are correctly decided and positive for policyholders. We celebrate those cases as The Good.

    Some cases are, in our view, bad for policyholders, wrongly decided, and in need of being overturned. We highlight those decisions as The Bad.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Insurance, Litigation, Fenchurch Law, Insolvency Act 1986 (UK)
    Authors:
    Toby Nabarro
    Location:
    United Kingdom
    Firm:
    Fenchurch Law
    Mind the gap! Risks when purchasing property from insolvent companies
    2022-11-29

    When an individual or company purchases property in England or Wales, the legal title will transfer once the purchaser is listed as the registered proprietor at the Land Registry. However, what happens when, pending the registration of the legal interest, the seller company (who is still the registered proprietor) is dissolved? This is a risk seldom contemplated when purchasing property, but can have important consequences for the title of the property.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Real Estate, Brodies LLP, Insolvency, Insolvency Act 1986 (UK)
    Authors:
    Amina Jamil , Lucie Barnes
    Location:
    United Kingdom
    Firm:
    Brodies LLP
    Judge warns administrators that having creditors' consent "in their back pocket" might not be compliant with the Insolvency Act 1986
    2022-06-29

    There is a sense of "judgment fatigue" when it comes to decisions about the validity of an administrator's appointment or the extension of the administrator's time in office. However, the decision of Deputy ICC Judge Curl QC, in the case of Re E Realisations 2020 Limited, is worth paying attention to.

    Filed under:
    United Kingdom, Scotland, Insolvency & Restructuring, Litigation, Brodies LLP, Insolvency Act 1986 (UK)
    Authors:
    Andrew Scott , Lucy McCann
    Location:
    United Kingdom
    Firm:
    Brodies LLP
    Disguising preferences within layered corporate group arrangements
    2022-06-22

    We consider the implications for office-holder claimants of the recent case ofKelmanson v Gallagher & De Weyer [2022] EWHC 395 (Ch).

    The case raises interesting points of practice for insolvency practitioners: a director consciously trying to evade or 'game' the statute won't work to prevent office holder recovery, but a sincerely held but mistaken belief on the director's part as to what was being done doing could.

    KEY POINTS:

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Addleshaw Goddard LLP, Secured creditor, Insolvency Act 1986 (UK)
    Authors:
    Seán McGuinness
    Location:
    United Kingdom
    Firm:
    Addleshaw Goddard LLP
    Corporate restructuring in Ireland in 2022
    2022-05-30

    Ruairi Rynn and Leanne Ennis, William Fry

    This is an extract from the 2022 edition of GRR's Europe, Middle East and Africa Restructuring Review. The whole publication is available here.

    In summary

    Filed under:
    Ireland, Insolvency & Restructuring, Litigation, Global Restructuring Review, Foreign direct investment, Supply chain, Coronavirus, Centre of main interests, Cross-border insolvency, UNCITRAL, Insolvency Act 1986 (UK), Companies (Rescue Process for Small and Micro Companies) Act 2021 (Ireland), Companies Act 2014 (Ireland), High Court (Ireland)
    Location:
    Ireland
    Firm:
    Global Restructuring Review
    Know your limits: deadline for suspending a bankrupt's discharge under section 279(3) of the Insolvency Act 1986
    2022-05-31

    The deadline for obtaining an order to suspend discharge from bankruptcy is absolute, as confirmed in the recent case of Paul Allen (as Trustee in Bankruptcy) v Pramod Mittal (in bankruptcy) [2022] EWHC 762 (Ch).

    Background

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Stevens & Bolton LLP, Insolvency Act 1986 (UK)
    Authors:
    David Steinberg , Slavi Stoencheva
    Location:
    United Kingdom
    Firm:
    Stevens & Bolton LLP
    Publicly listed company wound up for loss of substratum (Re Klimvest plc)
    2022-05-24

    Restructuring & Insolvency analysis: For the first time in this jurisdiction, the court has ordered the winding up of a listed plc on the just and equitable ground under section 122(1)(g) of the Insolvency Act 1986 (IA 1986) for loss of substratum. In a reserved judgment handed down on 17 March 2022 (following a two-week trial in February 2022), the High Court has clarified and modernised English law in line with more recent Australian authorities.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Serle Court, Companies Act 2006 (UK), Insolvency Act 1986 (UK)
    Authors:
    Daniel Lightman KC , Max Marenbon
    Location:
    United Kingdom
    Firm:
    Serle Court
    Assignment of claims by a liquidator - Court of Appeal affirms the "formidable" test for challenging an officeholder's decision
    2022-05-16

    In Re Edengate Homes (Butley Hall) Limited (in liquidation) [2022] EWCACiv 626, the Court of Appeal considered a challenge to an assignment of claims by a liquidator.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Stevens & Bolton LLP, Insolvency Act 1986 (UK), Court of Appeal of England & Wales
    Authors:
    Tim Carter , Helen Martin
    Location:
    United Kingdom
    Firm:
    Stevens & Bolton LLP
    (UK) To Whom Should Insolvency Claims Be Assigned?
    2022-05-16

    It is often the case, that insolvency claims are pursued against former directors of the insolvent company or persons connected to them. It is also often the case, that such claims are assigned to a litigation funding company given lack of funds in the insolvent estate to pursue them. This is what happened in Lock v Stanley where various claims against the former directors, their parents and connected company were assigned to Manolete.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Liquidator (law), Insolvency Act 1986 (UK), Court of Appeal of England & Wales
    Authors:
    Rachael Markham
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs

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