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    Directors' liability - German Federal Court of Justice finds waiver invalid in preliminary insolvency proceedings
    2021-06-30

    The German Federal Court of Justice was recently asked to decide whether a waiver in favour of company director had been validated by the preliminary insolvency administrator's consent.

    Background

    Filed under:
    Germany, Company & Commercial, Insolvency & Restructuring, Litigation, Taylor Wessing, Federal Court of Justice
    Location:
    Germany
    Firm:
    Taylor Wessing
    Disputes Quick Read: One Blackfriars administrators cleared of misfeasance
    2021-05-05

    On 23 March 2021, the 2011 sale of the One Blackfriars development site in London by administrators was cleared of misfeasance by the High Court, in Re One Blackfriars Ltd [2021] EWHC 684 (Ch).

    In a £250 million claim, the company's liquidators had alleged that the former administrators had breached their duties by failing to act independently of the banking syndicate which appointed them, failing to properly assess the value of the site, and selling the site at an undervalue.

    Here, we recap the facts of the case and outline the key takeaways to consider.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Taylor Wessing, Coronavirus
    Authors:
    Stephen O'Grady
    Location:
    United Kingdom
    Firm:
    Taylor Wessing
    DeepOcean Group - the first UK cross-class cram down
    2021-03-02

    On 13 January 2021, the English High Court sanctioned three interconditional Part 26A restructuring plans for the subsidiaries of DeepOcean Group Holding BV.

    The plans for two of the companies were approved by the required 75% majority. While the third plan received 100% approval by secured creditors, only 64.6% of unsecured creditors voted in favour.

    Consequently, at the sanction hearing the court was required to consider whether the cross-class cram down mechanism in the restructuring plan should be engaged for the first time in the UK.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Taylor Wessing
    Authors:
    Louise Jennings
    Location:
    United Kingdom
    Firm:
    Taylor Wessing
    UK pre-pack reforms - mandatory controls on administration sales to connected persons
    2020-12-10

    The UK government has published new draft regulations to require mandatory scrutiny of administration sales to connected parties (such as the insolvent company’s existing directors or shareholders).

    In the UK, a "pre-pack" is an arrangement under which the sale of all or part of a company’s business or assets is agreed with a purchaser prior to the appointment of administrators. The sale is carried out by the administrators immediately on, or shortly after, their appointment. Administrators must be licensed insolvency practitioners.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Taylor Wessing
    Authors:
    Nick Moser
    Location:
    United Kingdom
    Firm:
    Taylor Wessing
    COVID-19 in Hong Kong: Court calls for immediate restructuring and insolvency legislative reform
    2020-08-17

    Unlike many other common law jurisdictions, there are no insolvency relief measures solely to assist restructuring and corporate rescue in Hong Kong. However, in the recent case of Re China Oil Gangran Energy Group Holdings Ltd [2020] HKCFI 825, the Hong Kong Court confirmed its power to grant recognition and assistance to liquidators appointed in a foreign country.

    Filed under:
    Hong Kong, Insolvency & Restructuring, Litigation, Taylor Wessing, Coronavirus
    Location:
    Hong Kong
    Firm:
    Taylor Wessing
    COVID-19 in Slovakia: introduction of a temporary protection for businesses
    2020-05-11

    On 22 April 2020, the Slovak parliament passed a new law to help reduce the impact of COVID-19.

    It is now possible for businesses to request temporary protection that will have the following effects:

    Filed under:
    Slovakia, Insolvency & Restructuring, Taylor Wessing, Coronavirus
    Authors:
    Michal Michálek
    Location:
    Slovakia
    Firm:
    Taylor Wessing
    Four ways to protect your business, when your (Dutch) business partner goes bankrupt
    2020-01-21

    Unfortunately your business can be confronted with bankruptcy of one of your (Dutch) business partners. In most cases this will damage your business. We can help you to avoid or limit damages. In this edition of TW FOUR we will set out FOUR ways to protect your business from the bankruptcy of one of your (Dutch) business partners.

    Filed under:
    Netherlands, Insolvency & Restructuring, Litigation, Taylor Wessing
    Authors:
    Remco de Jong , Ralf van der Pas
    Location:
    Netherlands
    Firm:
    Taylor Wessing
    New rules on directors’ liability in Germany
    2018-11-08

    The German Federal Court of Justice has tightened its grip on company directors again. In a recent judgment on directors’ liability in insolvency situations, the Court clarified the scope of sections 60- 61 of the German Insolvency Act.

    Filed under:
    Germany, Company & Commercial, Insolvency & Restructuring, Litigation, Taylor Wessing, Debtor in possession, Insolvency Act 1986 (UK), Federal Court of Justice
    Authors:
    Dr. Daniel Kunz , Leopold Bauer
    Location:
    Germany
    Firm:
    Taylor Wessing
    Newsletter Contentieux Commercial - N°11 - 1er trimestre 2018
    2018-02-06

    Sommaire

    Actualité législative et réglementaire

    • Ordonnance n°2017-1519 du 2 novembre 2017 relatif aux procédures d’insolvabilité
    • Décret n°2017-1416 du 28 septembre 2017 relatif à la signature électronique

    Jurisprudence

    Filed under:
    France, Company & Commercial, Insolvency & Restructuring, Litigation, Taylor Wessing
    Location:
    France
    Firm:
    Taylor Wessing
    Compliance with EU Insolvency Regulation
    2017-12-05

    Following the EU Insolvency Regulation Nr. 2015/848 (the “Regulation”) coming into force, the Hungarian legislator has accordingly amended the Hungarian Insolvency Code (the “Code”) with effect from 28 October 2017.

    Filed under:
    Hungary, Insolvency & Restructuring, Taylor Wessing
    Authors:
    Torsten Braner
    Location:
    Hungary
    Firm:
    Taylor Wessing

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