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    Can a preference be inferred from an omission? (Re Paul Flatman Ltd)
    2020-01-30

    Section 239(5) of the Insolvency Act 1986 (the “1986 Act”) limits the jurisdiction to reverse a preference to situations where “the company which gave the preference was influenced in deciding to give it by a desire to produce” the prohibited result. This involves a subjective enquiry which turns on the relevant actor’s state of mind.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Gatehouse Chambers
    Authors:
    Usman Roohani
    Location:
    United Kingdom
    Firm:
    Gatehouse Chambers
    Directors' duties survive insolvency
    2020-01-31

    In the landmark decision in Re Systems Building Services Group Limited [2020] EWHC 54 (Ch), ICC Judge Barber held that the duties of a director survive the insolvency of a company.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Stevens & Bolton LLP, Companies Act 2006 (UK)
    Authors:
    Tim Carter
    Location:
    United Kingdom
    Firm:
    Stevens & Bolton LLP
    Cartel litigation: Important ruling that limitation can begin to accrue in advance of a regulator making an infringement decision
    2020-02-03

    On 25 February 2020, the High Court handed down an important ruling: Granville Technology Group Limited (In Liquidation) and Others v Elpida Memory (Europe) Gmbh and Others [2020] EWHC 415 (Comm). This is the first ruling by an English Court on how the Limitation Act 1980 should be applied to secret cartel claims.

    Filed under:
    United Kingdom, USA, Company & Commercial, Competition & Antitrust, Insolvency & Restructuring, Litigation, CMS Cameron McKenna Nabarro Olswang LLP, European Commission, US Department of Justice, HSBC
    Authors:
    Kenny Henderson
    Location:
    United Kingdom, USA
    Firm:
    CMS Cameron McKenna Nabarro Olswang LLP
    Unlocking value in an insolvent estate: an update on cryptocurrencies
    2020-02-04

    We previously considered the potential implications for insolvency professionals of the rise of cryptocurrencies (available here). One of the principal issues identified was the uncertainty surrounding the legal status of cryptocurrencies; what class of asset were they and, subsequently, how would they be treated under English law?

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, IT & Data Protection, Litigation, Real Estate, Squire Patton Boggs, Blockchain, Bitcoin, Cryptocurrency
    Authors:
    Charles Draper
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    Winding up petitions: What are the 9 things you need to consider?
    2020-01-24

    A winding up petition is a legal document that can be served by a company’s creditors when they are owed money by the company. If the debt amounts to £750 or more, then a creditor has the right to go to court and ask for a winding up petition to be issued, although courts view this remedy as something that should be reserved for when a company is genuinely believed to be insolvent, and not simply used as a means of debt collection.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Lincoln & Rowe, Liquidation, Insolvency
    Authors:
    Dipesh Dosani
    Location:
    United Kingdom
    Firm:
    Lincoln & Rowe
    Recent developments in litigation funding
    2020-01-08

    This article first appeared in Corporate Rescue and Insolvency (2019) 6 CRI 218.

    In this journal in 2015, I wrote on the subject 'Funding insolvency litigation: a new dawn', outlining various streams of funding available to insolvency practitioners (IPs) (see (2015) 5 CRI 183). Since then, the sun has set on one era and risen again. This article considers key developments in litigation funding in recent years, as well as upcoming reforms which may further change the landscape.

    Key Points

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Gowling WLG
    Authors:
    Alex Jay
    Location:
    United Kingdom
    Firm:
    Gowling WLG
    Reforms to Guernsey's Insolvency laws to be introduced
    2020-01-16

    With the States of Guernsey's approval yesterday of the Companies (Guernsey) Law, 2008 (Insolvency) (Amendment) Ordinance, 2020 (the "Ordinance"), Guernsey took a step towards further enhancing its reputation as a robust jurisdiction for restructuring and insolvency.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Carey Olsen
    Authors:
    David Jones
    Location:
    United Kingdom
    Firm:
    Carey Olsen
    What is the “key” to validly appointing administrators?
    2020-01-16

    First, there was the HMV case, then Skeggs Beef and SJHenderson. Following which we had further judicial decision in All Star Leisure and now Keyworker Homes, all of which considered the validity of appointment of administrators using the e-filing system.

    Keyworker Homes deals with these questions:

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Squire Patton Boggs
    Authors:
    Rachael Markham
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    Buyers should beware of "fire sale bargain" distressed businesses: Supreme Court insolvency case
    2020-01-20

    On 4 December 2019, the Supreme Court handed down its judgment in MacDonald and another (Respondents) v Carnbroe Estates Ltd (Appellant) (Scotland) [2019] UKSC 57. The appeal concerned the interpretation of ‘adequate consideration’ under section 242 of the Insolvency Act 1986 (the “Act”) and the remedies that courts can apply if there is a gratuitous alienation, and inadequate consideration paid for the transaction in question.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Litigation, Real Estate, TLT LLP, HM Revenue and Customs (UK)
    Authors:
    Alan Munro
    Location:
    United Kingdom
    Firm:
    TLT LLP
    Is the Winding up Procedure appropriate for mere Debt Collection?
    2020-01-24

    The winding up procedure should generally be considered a last resort for Creditors; but with the threat or commencement of winding up proceedings, comes a significant amount of pressure for a company to pay their outstanding debt. This has resulted in the winding up procedure becoming an increasingly popular method of debt enforcement.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Judge & Priestley LLP
    Authors:
    Leonie-Robyn Murtagh
    Location:
    United Kingdom
    Firm:
    Judge & Priestley LLP

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