Where a winding up petition is based on a debt arising from a contract with a non-Hong Kong exclusive jurisdiction clause, the court will tend to dismiss or stay the winding up petition in favour of the parties’ agreed forum unless there are strong countervailing factors.
www.ploum.nl Kwartaalupdate Bestuurdersaansprakelijkheid Q3 2023 1 START IT UP! Introductie Auteurs: Thomas Munnik en Annerieke Meerkerk In het derde kwartaal van 2023 zijn op www.rechtspraak.nl verschillende uitspraken gepubliceerd waarin de ingestelde vordering gegrond was op bestuurdersaansprakelijkheid. In deze Kwartaalupdate Bestuurdersaansprakelijkheid voor Q3 2023 is een selectie gemaakt uit deze uitspraken. De navolgende onderwerpen komen aan bod: 01. Bestuurder aansprakelijk vanwege onjuiste mededelingen? (Gerechtshof Arnhem-Leeuwarden 5 september 2023) 2 02.
On Wednesday 27 September 2023, Mishcon de Reya hosted the first in a new series of Disputes Essentials breakfast seminars, which aim to provide the latest updates and practical insights on essential dispute-related topics.
Following the news of Birmingham City Council’s recent ‘bankruptcy’, it began a procedure under section 114 of the Local Government Finance Act 1988 which triggers an interim spending freeze whilst a mandatory review is carried out.
Those who transact with local authorities may be unsure of what the impact of such a notice means for their ongoing deals and existing contracts. This article aims to demystify the process and explain the potential impact on property transactions, including issues to consider for existing agreements with a local authority.
Dispute Resolution analysis: In a second appeal, the Court of Appeal has upheld the decisions of two lower Courts in concluding that due to the conduct of a bankrupt and his insolvency, his bankruptcy should not (on an exercise of discretion) be annulled, despite concluding that the bankruptcy order should not have been made.
Khan v Singh-Sall and another [2023] EWHC 1119 (Ch)
What are the practical implications of this case?
On October 18, 2023, the Québec Court of Appeal confirmed the Superior Court’s authority to declare that court-ordered charges under the Bankruptcy and Insolvency Act (BIA) rank before deemed trusts in favour of the Crown for deductions at source.
Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.
What's in a name?
A judge has found that insurers were liable to indemnify an insured despite its insurance policy specifying the incorrect name.
The case relates to 'The George in Rye' pub which was damaged by a fire in July 2019. While the named insured was “George on High Ltd t/a The George in Rye”, a separate company (George on Rye Ltd (GoR)) owned the restaurant and hotel business operating in the property.
Overview
On the eve of trial, the Insolvency Service (IS), acting on behalf of the Secretary of State for Business and Trade, has discontinued disqualification proceedings brought in January 2021 against five former non-executive directors (NEDs) of Carillion plc. The trial, which had been listed for around 13 weeks (and originally as long as 6 months) had been due to start on Monday 16 October 2023.