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    Agreement by WhatsApp - what is a signature?
    <br>
    2026-02-05

    The English High Court has again been called upon to consider the validity and legal impact of dealings conducted via WhatsApp.

    Background

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Macfarlanes LLP, WhatsApp, Coupang, DAZN
    Authors:
    Fred Snowball , Madeleine Brown , Chris Akka
    Location:
    United Kingdom
    Firm:
    Macfarlanes LLP
    Service of Petitions on Companies House Default Addresses: Key Rulings and Practical Implications
    2026-02-05

    The Court of Appeal has handed down its judgment in DG Resources Ltd v The Commissioners for His Majesty’s Revenue and Customs, a decision that clarifies how winding‑up petitions must be served, an issue with implications for the 30,000 UK businesses using the Companies House default address for receiving official mail.

    Background

    DG Resources Ltd owed HMRC £1.104 million.

    On 11 December 2024 HMRC presented DG Resources with a winding-up petition.

    The petition came before Chief ICC Judge Briggs, who made several key findings:

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Tax, Irwin Mitchell LLP, HM Revenue and Customs (UK), Companies Act 2006 (UK)
    Authors:
    Jane Anderson
    Location:
    United Kingdom
    Firm:
    Irwin Mitchell LLP
    Court guidance on the meaning of ‘true employer’ for the purposes of the external administration provisions of the Corporations Act 2001
    2026-02-04

    The Supreme Court of New South Wales has provided guidance as to the meaning of “true employer” for the purposes of the external administration provisions of the Corporations Act 2001 (Cth) (the Act) in In the matter of Mosaic Brands Limited (administrators appointed) (receivers and managers appointed) [2025] NSWSC 959. The decision is important for liquidators and receivers of large corporate group where there are individual trading and employing entities and funds have been recovered from circulating assets.

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Maddocks, Corporations Act 2001 (Australia)
    Authors:
    Marelda Hibberd , Mathew Gashi
    Location:
    Australia
    Firm:
    Maddocks
    Judicial Estoppel—And Interests Of Debtor’s Creditors (Royal American v. Roofing Design), Part 2
    2026-02-03

    Here’s a judicial estoppel hypothetical:

    • debtor files Subchapter V bankruptcy and achieves a confirmed plan;
    • in the bankruptcy debtor fails to disclose a pre-petition lawsuit claim;
    • after plan confirmation, debtor files suit on the pre-petition lawsuit claim; and
    • defendant seeks dismissal of the lawsuit, with prejudice, on grounds of judicial estoppel—i.e., for debtor/plaintiff’s failure to disclose the claim in bankruptcy.

    Question: Who should be the ultimate beneficiary of a lawsuit claim that debtor fails to disclose:

    Filed under:
    USA, Nebraska, Insolvency & Restructuring, Litigation, Koley Jessen PC, Supreme Court of the United States
    Authors:
    Donald L. Swanson
    Location:
    USA
    Firm:
    Koley Jessen PC
    Alberta Court Affirms Single-Proceeding Model: Royalty Arrears Claims Must Be Pursued First in Insolvency Proceedings
    2026-02-03

    On January 26, 2026, the Court of King’s Bench of Alberta (ABKB) held that the Alberta Department of Energy and Minerals (Alberta Energy) is required to first advance its claim for royalty arrears owed by an insolvent energy company within ongoing restructuring proceedings of that insolvent company, before seeking recovery from jointly liable solvent co-lessees.

    Filed under:
    Canada, Alberta, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Blake, Cassels & Graydon LLP, Insolvency, Supreme Court of Canada
    Authors:
    Kelly Bourassa
    Location:
    Canada
    Firm:
    Blake, Cassels & Graydon LLP
    Can an Insolvency Action be filed in Dubai Despite the Debtor’s Residence in Another Emirate
    2026-02-02

    Rules of Territorial Jurisdiction in Insolvency Lawsuits: A Reading of Dubai Court of Cassation Rulings

    Insolvency cases raise fundamental questions regarding the geographical scope of litigation, especially given the economic integration between the Emirates. One of the most prominent questions is: Can a debtor file an insolvency lawsuit before Dubai Courts while residing in another Emirate?

    Filed under:
    United Arab Emirates, Insolvency & Restructuring, Litigation, Al Mazrouei Advocates, Insolvency
    Authors:
    Dr Alaa Nasr
    Location:
    United Arab Emirates
    Firm:
    Al Mazrouei Advocates
    Dubai Court Declares insolvency of Gcc National owed AED265,000
    2026-02-02

    Between the Hammer of Debt and the Anvil of the Law: Dubai Courts Uphold Compassionate Justice in GCC National’

    Filed under:
    United Arab Emirates, Insolvency & Restructuring, Litigation, Al Mazrouei Advocates, Insolvency
    Authors:
    Dr Alaa Nasr
    Location:
    United Arab Emirates
    Firm:
    Al Mazrouei Advocates
    Illinois Adopts Expansive Receivership Act Effective January 1, 2026
    2026-01-29

    Highlights

    Filed under:
    USA, Illinois, Insolvency & Restructuring, Litigation, Holland & Knight LLP, Commercial tenant, Uniform Commercial Code (USA)
    Authors:
    Chelsea Ashbrook McCarthy , Anastasia M. Sotiropoulos , Richard A. Bixter Jr. , William A. Ringhofer
    Location:
    USA
    Firm:
    Holland & Knight LLP
    At U.S. Supreme Court: Judicial Estoppel For Failure To Disclose A Claim—But What About Interests Of Creditors? (Keathley v. Buddy Ayers), Part 1
    2026-01-29

    A Petition for Writ of Certiorari has been granted by the U.S. Supreme Court in Keathley v. Buddy Ayers Construction, Inc., Case No. 25-6, on a ruling from the U.S. Fifth Circuit Court of Appeals.[Fn. 1]

    The Question Presented in Kethley v. Buddy Ayers is this:

    Filed under:
    USA, Nebraska, Insolvency & Restructuring, Litigation, Koley Jessen PC, Supreme Court of the United States
    Authors:
    Donald L. Swanson
    Location:
    USA
    Firm:
    Koley Jessen PC
    2026 Outlook: Are UK Liquidators Able to Limit Their Liability?
    2026-01-28
    Comment

    In autumn of 2025, the English High Court decided that liquidators have unlimited personal exposure: they cannot contractually limit or exclude their personal liability for breach of duty. An application for permission to appeal that decision is now before the Court of Appeal.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, K&L Gates LLP
    Authors:
    Clare Tanner , Sonya Van de Graaff , Sarah Turpin
    Location:
    United Kingdom
    Firm:
    K&L Gates LLP

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