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    DIFC to up its game yet again - further modifications to its sophisticated restructuring and insolvency law
    2018-10-18

    In September 2018 the Dubai International Financial Centre Authority (“DIFCA”) announced that it proposes to replace its current insolvency law with a new law to update the insolvency regime in the Dubai International Financial Centre (“DIFC”) and that it has launched a consultation in relation to the same.

    Why are changes proposed?

    Filed under:
    United Arab Emirates, Insolvency & Restructuring, Litigation, Freshfields Bruckhaus Deringer LLP, Dubai International Financial Centre
    Authors:
    Ryan Beckwith , Haris Meyer Hanif , Katharina Crinson
    Location:
    United Arab Emirates
    Firm:
    Freshfields Bruckhaus Deringer LLP
    Rent as administration expense on a pay as you go basis – common sense restored
    2014-02-25

    Snapshot

    The Court of Appeal’s judgment in Jervis v Pillar Denton Limited (Game Station) [2014] EWCA Civ 180 on 24 February 2014 has brought welcome clarity to when rent qualifies as an administration expense.

    The Court of Appeal has ruled that:

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Real Estate, Freshfields Bruckhaus Deringer LLP, Unsecured creditor
    Authors:
    Katharina Crinson
    Location:
    United Kingdom
    Firm:
    Freshfields Bruckhaus Deringer LLP
    US bankruptcy judgment can be enforced by the English courts
    2010-08-03

    The Court of Appeal uses common law principles to allow direct enforcement.

    Filed under:
    United Kingdom, USA, Insolvency & Restructuring, Litigation, Freshfields Bruckhaus Deringer LLP, Bankruptcy, Common law, Court of Appeal of England & Wales
    Location:
    United Kingdom, USA
    Firm:
    Freshfields Bruckhaus Deringer LLP
    Secured creditors: no access to prescribed part
    2008-02-25

    Summary

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Freshfields Bruckhaus Deringer LLP, Share (finance), Unsecured debt, Debt, Liquidation, Secured creditor, Unsecured creditor, Insolvency Act 1986 (UK), Enterprise Act 2002 (UK), House of Lords
    Location:
    United Kingdom
    Firm:
    Freshfields Bruckhaus Deringer LLP
    Smile Telecoms - Stop Shouting from the Sidelines
    2022-04-01

    On 30 March 2022, the English court sanctioned the most recent restructuring plan proposed by Smile Telecoms Holdings Limited (Smile).

    Filed under:
    Global, United Kingdom, Insolvency & Restructuring, Litigation, Freshfields Bruckhaus Deringer LLP, Power of attorney
    Authors:
    Craig Montgomery , Katharina Crinson
    Location:
    Global, United Kingdom
    Firm:
    Freshfields Bruckhaus Deringer LLP
    Amigo's redress scheme granted leave to convene
    2021-04-01

    Background

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Freshfields Bruckhaus Deringer LLP, Coronavirus, Microsoft
    Authors:
    Richard Tett , Lynette Ebo
    Location:
    United Kingdom
    Firm:
    Freshfields Bruckhaus Deringer LLP
    Como o aumento do número de insolvências no Brasil pode afetar as arbitragens
    2020-09-25

    Empresas brasileiras têm optado por resolver disputas nacionais e internacionais via arbitragem. Mais recentemente, os impactos econômicos do COVID-19 no Brasil têm causado um aumento considerável do número de recuperações judiciais e falências. Sem expectativa de que essa tendência seja revertida dentro dos próximos meses e, possivelmente, anos, é oportuno indagar: quais seriam os efeitos causados pela nova onda de insolvências em arbitragens brasileiras e internacionais? Veja nossos comentários no documento abaixo.

    Filed under:
    Brazil, Arbitration & ADR, Insolvency & Restructuring, Litigation, Freshfields Bruckhaus Deringer LLP
    Location:
    Brazil
    Firm:
    Freshfields Bruckhaus Deringer LLP
    Can a company in liquidation refer a debt claim to arbitration?
    2018-09-14

    In the recent decision of Michael J Lonsdale (Electrical) Limited v Bresco Electrical Services Limited (In Liquidation) [2018] EWHC 2043 (TCC), Fraser J found that parties cannot resolve their disputes by means of adjudication where a company in liquidation and its counterparty both claim a pre-liquidation entitlement to payment of money by the other.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Freshfields Bruckhaus Deringer LLP, Liquidation
    Location:
    United Kingdom
    Firm:
    Freshfields Bruckhaus Deringer LLP
    S75 debt claim not reduced by later asset payment
    2013-10-08

    On 24 July 2013, in BESTrustees v Kaupthing, Singer & Friedlander [2013] EWHC 2407 (Ch) the High Court ruled in favour of an underfunded scheme, whose insolvent sponsor hoped to offset £2m in payments against its outstanding debt.

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Freshfields Bruckhaus Deringer LLP, Debt, Pensions Act 1995 (UK)
    Location:
    United Kingdom
    Firm:
    Freshfields Bruckhaus Deringer LLP
    French safeguard proceedings: balance swings back in favour of creditors
    2010-03-10

    On 25 February 2010, the Paris Court of Appeal handed down two much-anticipated decisions confirming that creditors are able to challenge the opening of safeguard proceedings and clarifying the basis upon which safeguard proceedings can be opened by a debtor.  

    Filed under:
    France, Insolvency & Restructuring, Litigation, Freshfields Bruckhaus Deringer LLP, Debtor, Court of Appeal of Paris
    Location:
    France
    Firm:
    Freshfields Bruckhaus Deringer LLP

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