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    Third-party funding in insolvency scenarios - Singapore
    2024-01-18

    Since the implementation of the Insolvency, Restructuring and Dissolution Act 2018 (the IRDA), liquidators and judicial managers in Singapore have been statutorily authorised to use third-party funding for a range of claw-back actions. They are also able to transfer company assets to funders; to assign the fruits of legal actions to funders; and to grant super-priority to funders.

    Filed under:
    Asia-Pacific, Singapore, Insolvency & Restructuring, Litigation, Litigation Capital Management, Liquidation, Litigation funding, Third-party funding, Insolvency
    Authors:
    Niall Hanna
    Location:
    Asia-Pacific, Singapore
    Firm:
    Litigation Capital Management
    Funding Post an Insolvency Event
    2023-11-02

    Is a court order necessary for security interests granted after the appointment of external administrators? Perhaps not.

    Filed under:
    Australia, Banking, Corporate Finance/M&A, Insolvency & Restructuring, Litigation, Litigation Capital Management, Insolvency, Corporations Act 2001 (Australia), Personal Property Securities Act 2009 (Australia)
    Authors:
    Siba Diqer
    Location:
    Australia
    Firm:
    Litigation Capital Management
    Negligence Claims against Auditors - Many a Slip
    2024-07-01

    Background

    The Times revealed in an article last month that, according to a report from the Audit Reform Lab, a think tank at the University of Sheffield, only a quarter of the 250 largest companies listed on the London Stock Exchange to become insolvent between 2010 and 2022 had a “going concern” warning included by their auditors in what would turn out to be their final set of accounts. Of those companies 38 also declared a dividend in those accounts.

    Filed under:
    European Union, United Kingdom, Insolvency & Restructuring, Litigation, Litigation Capital Management, Negligence, Litigation funding, Third-party funding
    Authors:
    James Foster
    Location:
    European Union, United Kingdom
    Firm:
    Litigation Capital Management
    Managing Cash Flow, Mitigating Risk & Creating Value with Disputes Finance
    2022-12-15

    These are unprecedented times for businesses trying to manage the challenging impact of inflation, labour shortages, supply interruptions, elections, fires, floods, wars and a pandemic. It is more important than ever to manage working capital, mitigate risk and monetise assets.

    Filed under:
    Australia, Arbitration & ADR, Banking, Company & Commercial, Corporate Finance/M&A, Insolvency & Restructuring, Litigation, Litigation Capital Management, Litigation funding, Third-party funding
    Authors:
    Siba Diqer
    Location:
    Australia
    Firm:
    Litigation Capital Management
    Case law alert: unfair preference claims and set-off under section 553c - no set-off “defence” available (part 2 of 3)
    2022-04-27

    The section: Section 553C of the Corporations Act 2001 (Cth) (“Act”) provides for a statutory set-off between an insolvent company and a party seeking to have a debt or claim admitted in the company’s winding up.

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Litigation Capital Management, Corporations Act 2001 (Australia)
    Authors:
    Lina Kolomoitseva
    Location:
    Australia
    Firm:
    Litigation Capital Management
    Assignee can engage in statutory tracing pursuant to s 588FF
    2022-04-19

    The recent Supreme Court of New South Wales decision of Fitz Jersey Pty Ltd v Atlas Construction Group Pty Ltd (in liq)1 clarifies that s 588FF of the Corporations Act permits an assignee of a liquidator’s voidable transaction claim to trace a company’s property or proceeds for the purposes of the assignee’s recovery proceedings.

    Filed under:
    Australia, New South Wales, Insolvency & Restructuring, Litigation, Tax, Litigation Capital Management
    Authors:
    Justin Ward
    Location:
    Australia
    Firm:
    Litigation Capital Management
    Case law alert: unfair preference claims and the set-off “defence” under section 553c (part 1 of 2)
    2021-10-01

    The Section

    Filed under:
    Australia, Company & Commercial, Insolvency & Restructuring, Litigation, Litigation Capital Management, Corporations Act 2001 (Australia)
    Authors:
    Lina Kolomoitseva
    Location:
    Australia
    Firm:
    Litigation Capital Management
    Use of liquidator’s examination documents in litigation assigned to funders — Re LCM Operations Pty Ltd; 316 Group Pty Ltd (in liq)
    2021-07-05

    This was first published in the LexisNexis Insolvency Law Bulletin (Vol. 21, No. 5 & 6).

    This article is co-authored by Justin Ward of Litigation Capital Management and Marcel Fernandes of 12 Wentworth Selborne Chambers.

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Litigation Capital Management, Supreme Court of the United States
    Authors:
    Justin Ward
    Location:
    Australia
    Firm:
    Litigation Capital Management
    Litigation - Risky business for liquidators guidance on mitigating risk of litigation for liquidators
    2021-04-21

    (This article was originally published in the Australian Restructuring Insolvency & Turnaround Association Journal, Vol. 33 – March 2021)

    A liquidator can be exposed personally in litigation. In this article we discuss the risks to a liquidator associated with litigation by examining some recent cases where liquidators have been ordered to pay costs personally. To mitigate these risks, we provide guidance on litigation strategy for liquidators.

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Litigation Capital Management, Corporations Act 2001 (Australia)
    Authors:
    Siba Diqer
    Location:
    Australia
    Firm:
    Litigation Capital Management
    Case Study: Funding Portfolios Of Insolvency Claims
    2021-04-21

    Background

    The plaintiff was the primary trading entity within a larger group of companies which operated a development and construction business.

    The liquidation of the group was complex, with a significant number of claims identified as requiring investigation. Further, ASIC’s allegations of serious misconduct resulted in a significant amount of the liquidator’s time being allocated to assisting ASIC with its investigation.

    Problem

    Filed under:
    Australia, Capital Markets, Insolvency & Restructuring, Litigation, Litigation Capital Management
    Authors:
    Justin Ward
    Location:
    Australia
    Firm:
    Litigation Capital Management

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