On 21 March 2025, the Dutch Supreme Court ruled that a taxpayer is allowed to deduct a liquidation loss on its participation in a liquidated subsidiary that transferred losses to group companies under the Irish group relief regime in the years prior to the liquidation. This Supreme Court judgment provides a favorable outcome for taxpayers.

Background

Set-off is simply put a reduction or discharge of a debt by setting against it a claim in favour of the debtor (or the person otherwise having to pay).

The applicability of the principle of set-off under the Insolvency and Bankruptcy Code, 2016 (IB Code) is no longer res integra and the draconian view of the inapplicability of set-off under insolvency proceedings has not found Thankfully, judicial favour.

Background

介绍

2004 年英属维尔京群岛商业公司法（「BCA」）修正案于2023 年1 月1 日生效，改变了英属维尔京群岛（「BVI」）公司除名、解散以及随后恢复到公司注册处的情况（「登记」）。本简报回顾了目前的情况，旨在为恢复过程提供一些实用的见解。提及 BCA 时指的是经修订的 2004 年 BVI 商业公司法。

2023 年1 月1 日之前被取消和解散的公司

Overview

Insolvency practitioners will be familiar with section 283A of the Insolvency Act 1986 (the "Act") and what is commonly termed the 'use it or lose it' provisions. But what exactly is meant by a trustee in bankruptcy being informed or becoming aware of a bankrupt's interest in a property for the purposes of section 283A(5) of the Act?

At first instance, a bankrupt's claim that she had informed her trustee or that her trustee had become aware of such an interest was dismissed. The bankrupt appealed.

Introduction

Effective debt recovery is crucial for businesses to maintain financial stability, and Poland provides a robust legal framework to help creditors recover owed funds efficiently. Whether you're a creditor pursuing payment or a debtor responding to claims, understanding Poland's debt recovery process is essential to navigating legal, pre-court, and enforcement proceedings successfully.

In SME Care Pte Ltd v Jannie Chan Siew Lee [2025] SGHC 27, the Singapore High Court ("Court") held a bankrupt ex-director of a company personally liable to the company for failing to take steps to recover sums owed by third parties to the company.

介绍

英属维尔京群岛（“BVI”）的清算可以是：

1)   破产清算，因此受《2003年破产法》（经修订）（「破产法」）管辖；或者

2)   有偿付能力的清算，因此受英属维尔京群岛商业公司法（经修订）（「公司法」）管辖。

《公司法》经《2022 年英属维尔京群岛商业公司（修订）法》及《2022 年英属维尔京群岛商业公司（修订）条例》修订。

本简报列出了与英属维尔京群岛破产清算相关的一些要点。另一份简报涵盖了与英属维尔京群岛自愿（有偿付能力）清算相关的问题。

无力偿债清算的目的

We're often asked to advise on what is the appropriate level of liquidated damages for delay in a building contract. Whilst this is a commercial issue and therefore outside the remit of legal advice there are some principles relating to the application of liquidated damages that we can bring to the parties' attention.