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    Can English courts compel EU resident parties to produce documents and accounts of dealings in UK corporate insolvencies?
    2020-07-15

    One of the most powerful tools for insolvency practitioners when investigating the affairs of an insolvent company where wrongdoing is suspected is section 236 of the Insolvency Act 1986 (“IA 1986”). This confers power on English courts to order certain categories of parties to produce documents and an account of dealings relating to companies being wound up in the UK.

    Filed under:
    European Union, United Kingdom, Insolvency & Restructuring, Litigation, Stewarts, Brexit, CJEU, House of Lords
    Authors:
    Natalie Osafo
    Location:
    European Union, United Kingdom
    Firm:
    Stewarts
    High Court relies on proposed changes to corporate insolvency regime to protect debtor companies
    2020-06-08

    The Corporate Insolvency and Governance Bill (CIG Bill) is not yet law but has already been considered and, in effect, applied in a recent High Court judgment. Marc Jones, a partner in our Commercial Litigation and Fraud teams, looks at the facts.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Stewarts, Coronavirus
    Authors:
    Marc Jones
    Location:
    United Kingdom
    Firm:
    Stewarts
    Court of Appeal affirms high bar for challenges to office-holders’ conduct
    2020-11-20

    The Court of Appeal has handed down judgment on two appeals to decide whether the appellants had standing to challenge the conduct of a trustee in bankruptcy (“the Bankruptcy Appeal”) and joint liquidators (“the Liquidation Appeal”) respectively (Brake and others v Lowes and others [2020] EWCA Civ 1491). In this article, Tim Symes, a partner in our Insolvency and Commercial Litigation teams, examines the Court of Appeal’s decision.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Stewarts
    Authors:
    Tim Symes
    Location:
    United Kingdom
    Firm:
    Stewarts
    Return of HMRC’s Crown preference will have damaging impact on secured lending
    2020-11-02

    Secured lenders across the UK are unhappy with the government’s decision to push through a new law which could partly or fully wipe out their security in favour of HMRC debts in a liquidation or administration. In this article,  Tim Symes, a partner in our Insolvency and Commercial Litigation teams, considers the return of HMRC’s Crown preference.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Tax, Stewarts, Coronavirus, HM Revenue and Customs (UK)
    Authors:
    Tim Symes
    Location:
    United Kingdom
    Firm:
    Stewarts
    New Rules for Pre-pack Administrations- finally some good news for creditors?
    2020-10-12

    The government has published draft regulations designed to tighten up how administration sales to connected parties will work. The hope is that this will increase creditor confidence and improve transparency in the process.

    So, what are pre-pack administrations, what is wrong with them, and what is the government going to do about it?

    What are pre-pack administrations?

    A pre-pack administration is simply a ‘teed up’ sale of a company’s business and assets before it enters administration, which is completed immediately after administration.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Stewarts
    Authors:
    Tim Symes
    Location:
    United Kingdom
    Firm:
    Stewarts
    Shields, but no swords - government keeps lid on compulsory liquidations
    2020-09-25

    New regulations deriving from the Corporate Insolvency and Governance Act 2020 have extended the effective prohibition on statutory demands and winding up petitions until 31 December 2020. Tim Symes, a partner in our Insolvency and Commercial Litigation teams, looks at the implications of this for debtors and creditors.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Stewarts
    Authors:
    Tim Symes
    Location:
    United Kingdom
    Firm:
    Stewarts
    Court of Appeal acknowledges the sovereignty of the members to decide matters concerning a company in solvent liquidation
    2020-09-16

    The Court of Appeal has handed down judgment in a case concerning the Core VCT PLC companies (In Members Voluntary Liquidation) [2020] EWCA Civ 1207. The case concerns an order made to restore three dissolved companies after they went through a solvent liquidation process (ie no creditors still owed money), putting them back into solvent liquidation and appointing liquidators to investigate not only the affairs of the company but also the conduct of the ex-liquidators. The restoration application was made without notice to the ex-liquidators or members.

    Filed under:
    United Kingdom, Corporate Finance/M&A, Insolvency & Restructuring, Litigation, Stewarts
    Authors:
    Tim Symes
    Location:
    United Kingdom
    Firm:
    Stewarts
    Non-party liability for litigation costs in flux - insolvency practices the latest in the firing line
    2019-12-05

    The last few decades have seen a steady increase in ‘non-party costs orders’. These are court orders against non-participating people or entities requiring them to pay (either fully or partially) the costs of litigation in which they are not formally involved as parties. This year has proven to be one of flux for such liabilities.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Stewarts, Insurance contract
    Authors:
    Paul Brehony , Tom Matusiak
    Location:
    United Kingdom
    Firm:
    Stewarts
    Pre-action disclosure of insurance policies and the Peel Port case: a timely reminder
    2018-02-08

    Associate Martin Cox considers the recent High Court decision of Peel Port Shareholder Finance Company Ltd v Dornoch Ltd, in which the court declined to exercise its discretion under the Civil Procedure Rules (“CPRs”) to order the pre-action disclosure of an insurance policy held by a solvent insured. The article considers the extent to which the outcome in this case is consistent with the overriding objective that courts dispose of cases justly and at proportionate cost.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Insurance, Litigation, Stewarts
    Authors:
    Martin Cox
    Location:
    United Kingdom
    Firm:
    Stewarts
    Financial interests when separating - ‘Make your intentions known’
    2017-10-05

    Senior associate Lucy Gould reviews the recent case of Davis v Jackson [2017] EWHC 698 (Ch), in which the court determined the beneficial interests a separated (but not divorced) married couple each held in a property. The property was owned in joint names but occupied only by the wife, who had solely financed its purchase and the mortgage.

    Background

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Litigation, Real Estate, Stewarts
    Authors:
    Lucy Gould , Matthew Humphries
    Location:
    United Kingdom
    Firm:
    Stewarts

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