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    Energy: Injunctions to mitigate insolvency risk
    2025-12-18

    In Nordic Power Partners P/S & Ors v Rio Alto Energia, Empreendimentos E Participacoes LTDA & Ors [2025] EWHC 2875 (Comm), the Commercial Court reconfirmed its willingness to grant interim relief to an energy investor in the context of international projects (here related to Brazil). Specifically, this decision provides an interesting insight into steps that can be taken to prevent funds being received by a party that may soon become insolvent (which risks creditors being left without a satisfactory remedy once a dispute is resolved).

    Filed under:
    United Kingdom, Energy & Natural Resources, Insolvency & Restructuring, Litigation, CMS
    Authors:
    Phillip S. Ashley , Sofia Sotgia , Ted Rhodes , Emma Riddle
    Location:
    United Kingdom
    Firm:
    CMS
    Distressed Debt Legal Insights TPI Composites’ Uptier Litigation
    2025-12-11

    In this issue, we spotlight the unfolding litigation between the UCC and Oaktree in TPI Composites’ ongoing bankruptcy, which appears to be headed for a settlement. This case is unusual in that the uptier transformed former equity holders into senior creditors rather than elevating existing lenders.

    The Unsecured Creditors Committee Challenge

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Ropes & Gray LLP, Mediation
    Authors:
    Leonard Klingbaum , Nitin Konchady , Matthew M. Roose , Alisha Turak
    Location:
    USA
    Firm:
    Ropes & Gray LLP
    When might an interim charging order becomes final following an intervening insolvency (UK)
    <br>
    2025-12-08

    On insolvency, the pari passu principle applies, meaning unsecured creditors rank equally in the distribution of available assets. That principle helps explain why a creditor who has obtained a judgment debt but has not completed enforcement (for instance by obtaining a final charging order) will usually be barred from doing so once insolvency intervenes.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Squire Patton Boggs
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    Restructuring the Canadian tobacco industry: a model for the future?
    <br>
    1969-12-31
    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Osler Hoskin & Harcourt LLP, Mediation, Ontario Superior Court of Justice
    Authors:
    Deborah Glendinning , Craig Lockwood , Marc Wasserman , Martino F. Calvaruso , Marleigh Dick
    Firm:
    Osler Hoskin & Harcourt LLP
    At what cost: Federal Court affirms approval rules for solicitor costs agreement
    1969-12-31
    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Corrs Chambers Westgarth, Corporations Act 2001 (Australia)
    Authors:
    Alicia Salvo , Cameron Cheetham , Nicholas Garbas
    Firm:
    Corrs Chambers Westgarth
    Insolvency litigation: year in review
    2025-12-18

    This past year has featured a diverse range of consequential, precedent-setting insolvency disputes across various industries, reflecting both the breadth of challenges facing Canadian businesses and the adaptability of Canada’s insolvency framework in resolving these issues. The most consequential decisions in which we have been involved are described below, alongside key takeaways for stakeholders participating in insolvency proceedings in 2026 and beyond.

    Filed under:
    Canada, USA, Insolvency & Restructuring, Litigation, Torys LLP, Glencore, PricewaterhouseCoopers, Valeo, Supreme Court of the United States, Ontario Superior Court of Justice
    Location:
    Canada, USA
    Firm:
    Torys LLP
    2025 Year in Review: Commercial Disputes
    2025-12-11

    As 2025 draws to a close, this newsletter reviews key developments that have shaped the commercial disputes landscape over the past year and offers our views on significant English court decisions. We then look ahead to the trends likely to define 2026. We also reflect on another productive and successful year for Hausfeld’s Commercial Disputes team.

    HOW DID 2025 CHANGE THE LEGAL LANDSCAPE?

    Financial services

    Filed under:
    United Kingdom, Banking, Company & Commercial, Compliance Management, Environment & Climate Change, Insolvency & Restructuring, Litigation, Hausfeld LLP, Corporate governance, Blockchain, Climate change, Supply chain, Mediation, Fintech, Artificial intelligence, Cryptocurrency, ESG, Litigation funding, Data protection and privacy, Anti-bribery and corruption, Greenwashing, Financial Conduct Authority (UK), Barclays, Google, Office of Foreign Assets Control (USA), Getty Images v Stability AI, Consumer Credit Act 1974 (UK), Companies Act 2006 (UK), Financial Services and Markets Act 2000 (UK), Arbitration Act 2025 (UK), UK Supreme Court
    Authors:
    Ned Beale , Lucy Pert , Rebecca Warder , Chrysanthi Bampali
    Location:
    United Kingdom
    Firm:
    Hausfeld & Co LLP
    Transactions at an undervalue: trusts of land
    1969-12-31
    Filed under:
    United Kingdom, Compliance Management, Insolvency & Restructuring, Litigation, Real Estate, Charles Russell Speechlys, Companies Act 2006 (UK)
    Authors:
    Roger Elford , Martha Lazanakis
    Firm:
    Charles Russell Speechlys
    Court rejects Twinza creditors’ scheme of arrangement
    2025-12-03

    The Federal Court declined to approve a creditors' scheme of arrangement by Twinza Oil Limited (Twinza). The scheme, supported by all scheme creditors, proceeded on the assumption that the ordinary and preference shares were worthless.

    Key takeouts

    Filed under:
    Australia, Company & Commercial, Corporate Finance/M&A, Insolvency & Restructuring, Litigation, MinterEllison, Corporations Act 2001 (Australia)
    Authors:
    Nick Anson , Michael Hughes
    Location:
    Australia
    Firm:
    MinterEllison
    Secured creditors win: Court confirms power of sale survives company liquidation
    2025-11-28

    Waypark Commercial Mortgage 1 Ltd v Vanguard Number 1 Ltd (in liquidation) [2025] EWHC 1786 (Ch)

    In brief

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Mishcon de Reya, Carillion, International Criminal Court
    Authors:
    Eva Humphreys , Jessica Williams
    Location:
    United Kingdom
    Firm:
    Mishcon de Reya

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