Years after an insolvency proceeding is closed, can a solvent co-lessee/working interest participant (WIP) still be on the hook for their former partner’s share of unpaid Crown royalties? A recent Alberta Court of Appeal decision to allow an appeal in Spartan Delta Corp v Alberta (Energy and Minerals), 2025 ABCA 181 [Spartan Delta], raises concerns around whether the answer to such question can be 'yes'.

Indonesia’s vibrant business landscape offers substantial opportunities. Nevertheless, there are certain aspects that creditors must be aware of to better protect their interests when local partners or debtors face financial distress. For foreign creditors and investors, understanding the legal mechanisms available when Indonesian counterparties become insolvent or financially unstable is essential.

Introduction

July 2025

Petrofac Restructuring Plans Overturned, but Significant Questions Left Unanswered

Key Takeaways

Provision of new money

In a significant follow-on judgment the Court of Appeal has both clarified and moved beyond the High Court’s approach to the ‘no worse off’ test, but ultimately set aside the sanction of Petrofac’s proposed restructuring plans on fairness grounds.

On 1 July, the Court of Appeal overturned the High Court’s decision1 to sanction the restructuring plans proposed by two Petrofac group companies as they did not consider that the benefits of the restructuring had been fairly allocated. 

Overview

In the recent High Court decision of Ley and another v Suttle and another [2025] EWHC 796 (Ch), Joint Liquidators successfully obtained permission from the Court to amend pleadings in circumstances where the originating Insolvency Act application was issued on a protective basis to preserve limitation.

Executive Summary

Overview

If you walk along the seafront in the Lancashire town of Morecambe, you will come across a statue of the late Eric Morecambe. Many of us will remember Eric as half of one of the most famous comic double acts in the United Kingdom. Morecambe and Wise made us laugh, not so much through innuendo but more through the perfect timing of their various on screen exchanges. So important was timing to Eric Morecambe that one of the quotes at the foot of his statue is the phrase "In life, everything is timing".