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    When should a provisional liquidator be appointed
    2014-11-06

    Key Point

    A provisional liquidator may be appointed if the evidence justifies it even where the tax assessments upon which the winding up petition is based are under appeal.

    Facts

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Tax, Taylor Wessing
    Authors:
    Brian Cain
    Location:
    United Kingdom
    Firm:
    Taylor Wessing
    Clarification on UK administrators' remuneration
    2014-11-06

    Key point

    Administrators are entitled to remuneration for the full period of office even where work is carried out outside of the scope set out in proposals agreed by creditors

    Facts

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Taylor Wessing, High Court of Justice (England & Wales)
    Location:
    United Kingdom
    Firm:
    Taylor Wessing
    English administrator loses right to pursue FX claim
    2014-10-13

    Key point

    This case demonstrates how reservation of legal rights can be key even if the parties are seeking a commercial solution

    Facts

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Litigation, Taylor Wessing, Estoppel, UBS, High Court of Justice (England & Wales)
    Location:
    United Kingdom
    Firm:
    Taylor Wessing
    English Court of Appeal considers proper basis of subrogated security rights
    2014-10-13

    Key Point

    Subrogation operates not by assigning the benefit of the relevant third party's security but by creating new security rights in the hands of the subrogated creditor similar to those held by that third party.

    Facts

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Litigation, Taylor Wessing, Court of Appeal of England & Wales
    Authors:
    Brian Cain
    Location:
    United Kingdom
    Firm:
    Taylor Wessing
    English administrator can take over an existing winding up petition
    2014-10-13

    Key Point

    An administrator appointed under a qualifying floating charge can "adopt" an existing winding up petition for the purposes of liquidating the company where the benefit to the creditors of the insolvent estate is manifest on the facts.

    Facts

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Taylor Wessing, Liquidation
    Authors:
    Brian Cain
    Location:
    United Kingdom
    Firm:
    Taylor Wessing
    Misfeasance liability of English liquidator
    2014-09-04

    Key Issue

    A former liquidator would not be entitled to relief from liability under section 212 of the Insolvency Act 1986 where her conduct had fallen well short of the standard to be expected and she had paid away substantial sums which would otherwise be available to creditors.

    The Facts

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Taylor Wessing, Liquidator (law), Insolvency Act 1986 (UK), High Court of Justice (England & Wales)
    Authors:
    Richard Colebourn
    Location:
    United Kingdom
    Firm:
    Taylor Wessing
    Limitation on relief under UK Cross Border Insolvency Regulations
    2014-08-07

    Key Points

    • Court cannot grant relief under the UK Cross Border Insolvency Regulations 2006 (CBIR) where it could not provide such relief in a domestic insolvency.
    • Even if such option were possible, court would not do so where a contract is governed by English law.
    • Possibility of effectively applying provisions of foreign law under the CBIR restricted.

    The Facts

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Taylor Wessing, High Court of Justice (England & Wales)
    Authors:
    Amy Patterson
    Location:
    United Kingdom
    Firm:
    Taylor Wessing
    UK liquidators challenge the costs of administrator's solicitors
    2014-08-07

    Key points

    Agreements relating to costs in the course of their office could not be set aside by liquidators subsequently appointed.

    The facts

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Taylor Wessing, Costs in English law, High Court of Justice (England & Wales)
    Authors:
    Negeen Arasteh
    Location:
    United Kingdom
    Firm:
    Taylor Wessing
    PPF entry rules amended to accommodate specific European insolvency events
    2014-08-07

    In the November 2013 edition of Pensions Pieces we referred to the Olympic Airlines case where a UK pension scheme could not qualify for entry to the Pension Protection Fund ('the PPF') because its sponsoring employer was suffering main liquidation proceedings in Greece, and further insolvency proceedings could not be established to satisfy the current entry conditions

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Taylor Wessing
    Authors:
    Mark Smith , Rosalind Connor
    Location:
    United Kingdom
    Firm:
    Taylor Wessing
    UK client money settlement approved
    2014-08-07

    Key Point

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Taylor Wessing
    Authors:
    David Johnson
    Location:
    United Kingdom
    Firm:
    Taylor Wessing

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