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    Insolvency in shipping
    2009-09-17

    The shipping industry was arguably one of the hardest hit by the downturn that spread around the world late last year. The severe shipping slump, evidenced by a 93.5 per cent fall in the Baltic Dry Index between the summer of 2008 and December 2008, inevitably led to insolvencies of shipping companies across the globe1. This article briefly considers the unique challenges that insolvency practitioners face when balancing insolvency procedures against the application of maritime law.

    Filed under:
    Global, Insolvency & Restructuring, Shipping & Transport, Norton Rose Fulbright, Bankruptcy, Debtor, Unsecured debt, Comity, Liquidator (law), Bill of lading, Admiralty law, In rem jurisdiction, UNCITRAL, Uniform Act
    Authors:
    Philip Roche
    Location:
    Global
    Firm:
    Norton Rose Fulbright
    Insolvency of Guernsey funds
    2009-07-15

    Introduction

    If a fund is insolvent, it is either not able to pay its debts as they fall due, or its assets are less than its liabilities. An investor/creditor will have the ability to put the fund into a formal insolvency procedure and, in most cases, appoint an independent third party to take control of the assets and investigate the conduct of the fund’s directors, managers and other controlling functionaries. Defined terms in this article are the same as the terms which were defined in the potential causes of action article.  

    Filed under:
    Guernsey, Capital Markets, Insolvency & Restructuring, Ogier, Legal personality, Debtor, Collateral (finance), Board of directors, Debt, Personal property, Limited partnership, Liability (financial accounting), Liquidation, Balance sheet, Investment funds, Cashflow, Liquidator (law)
    Location:
    Guernsey
    Firm:
    Ogier
    Recognition of foreign insolvency office holders in Guernsey
    2009-09-10

    Introduction

    Filed under:
    Guernsey, Insolvency & Restructuring, Litigation, Ogier, Common law, Liquidator (law), UNCITRAL, Uniform Act, Insolvency Act 1986 (UK), Trustee
    Location:
    Guernsey
    Firm:
    Ogier
    Guarantee liability: deed purporting to assign bank interests to KWL
    2009-10-18

    KWL Advertising Limited (in liquidation) ("KWL") -v- Kountouris & Kountouris, Guernsey UnreportedJudgment, 18 October 2006

    Filed under:
    Guernsey, Banking, Insolvency & Restructuring, Litigation, Bedell Cristin, Surety, Debtor, Advertising, Interest, Debt, Deed, Liability (financial accounting), Liquidation, Liquidator (law), Capital punishment, Barclays, High Court of Australia
    Location:
    Guernsey
    Firm:
    Bedell Cristin
    Hong Kong Court considers the scope of expert evidence
    2017-04-05

    In the first instance decision of Fo Shan Shi Shun De Qu Consonancy Investment Co Ltd v Yat Kit Jong [2017] HKEC 557, the Court took a dim view of a party's conduct in respect of expert directions. It held that the party's failure to properly define the scope of the issues to be covered by the expert was a violation of procedural rules and prejudicial to the opposing party, and as such ordered that the party be penalised on costs.

    Facts

    Filed under:
    Hong Kong, Insolvency & Restructuring, Litigation, Professional Negligence, Herbert Smith Freehills LLP, Admissible evidence, Liquidator (law)
    Authors:
    Dominic Geiser , Priya Aswani
    Location:
    Hong Kong
    Firm:
    Herbert Smith Freehills LLP
    Court orders disclosure of funding arrangements
    2016-07-26
    • Introduction
    • Background
    Filed under:
    Hong Kong, Insolvency & Restructuring, Litigation, RPC, Discovery, Ex parte, Liquidation, Writ, Liquidator (law), Deloitte, Singapore High Court
    Authors:
    Amy Chung , David Smyth
    Location:
    Hong Kong
    Firm:
    RPC
    Better late than never: amendments to the Companies (Winding Up and Miscellaneous Provisions) Ordinance gazetted
    2016-08-08

    By now, you will all be aware of the recently gazetted the Companies (Winding Up and Miscellaneous Provisions) (Amendment) Ordinance 2016 ("Amendment Ordinance"), heralding as it does a much anticipated refreshment and modernisation of the Companies (Winding Up and Miscellaneous Provisions) Ordinance ("CWUMPO") and the Companies (Winding up) Rules ("CWUR").

    Given that the last major amendments to the corporate winding-up regime in Hong Kong occurred in 1984, reform in this area is long overdue.

    Filed under:
    Hong Kong, Company & Commercial, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP, Liquidator (law)
    Authors:
    Gareth Thomas , Jeremy Haywood
    Location:
    Hong Kong
    Firm:
    Herbert Smith Freehills LLP
    Recognition of Liquidator Not Appointed in Place of Incorporation
    2016-08-16

    A key factor contributing to the vitality and development of the common law is that judges can have the benefit of authorities from other jurisdictions with a comparable legal framework. This has proved and will be increasingly important in areas such as cross-border insolvency, where modified universalism has been thecatchword in recent years.

    Filed under:
    Hong Kong, Singapore, Company & Commercial, Insolvency & Restructuring, Litigation, Mayer Brown, Common law, Liquidator (law)
    Authors:
    John M. Marsden , Richard M. Tollan , Thomas A. Pugh , Edmund M. S. Ma
    Location:
    Hong Kong, Singapore
    Firm:
    Mayer Brown JSM
    Liquidators, do not brush aside personal liability for costs at super speed
    2016-01-21

    Did you know that when a liquidator makes a court application, it is important to identify the appropriate applicant, not only as a procedural matter, but also from a costs perspective?

    All good where the liquidator succeeds in the court application

    Filed under:
    Hong Kong, Insolvency & Restructuring, Insurance, Litigation, Mayer Brown, Liquidator (law)
    Authors:
    Richard M. Tollan , Edmund M. S. Ma
    Location:
    Hong Kong
    Firm:
    Mayer Brown JSM
    Modified Universalism - privy to Singular clarification?
    2015-01-26

    While most jurisdictions provide liquidators with wide investigative powers to locate and realise assets locally, the exercise of such powers becomes more complicated when the assets are situated overseas. As more and more businesses expand globally and corporate structures become equally more complex, the liquidators’ task becomes more problematic in winding up such companies.

    Filed under:
    Hong Kong, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, RPC, Common law, Liquidator (law)
    Authors:
    David Smyth , Rebecca Wong
    Location:
    Hong Kong
    Firm:
    RPC

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