Skip to main content
Enter a keyword
  • Login
  • Home

    Main navigation

    Menu
    • US Law
      • Chapter 15 Cases
    • Regions
      • Africa
      • Asia Pacific
      • Europe
      • North Africa/Middle East
      • North America
      • South America
    • Headlines
    • Education Resources
      • ABI Committee Articles
      • ABI Journal Articles
      • Covid 19
      • Conferences and Webinars
      • Newsletters
      • Publications
    • Events
    • Firm Articles
    • About Us
      • ABI International Board Committee
      • ABI International Member Committee Leadership
    • Join
    ROT claims: no cashing in
    2014-06-16

    Blue Monkey Gaming v Hudson & Others

    Insolvency professionals will welcome the High Court's decision in Blue Monkey Gaming Limited v Hudson & Others [2014] which is clear authority that the onus is upon retention of title claimants, not administrators, to locate and identify retention of title goods. The court made clear that to require the administrator to identify retention of title goods would be "totally unrealistic and practically unworkable."

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Taylor Wessing
    Authors:
    Andrew Howell , Sophie Cubbon , Nick Moser , Neil Smyth
    Location:
    United Kingdom
    Firm:
    Taylor Wessing
    A victory for landlords
    2014-05-27

    In a landmark decision Pillar Denton Ltd and Others v Jervis and Others [2014] EWCA Civ 180, a group of the UK's largest landlords have successfully overturned previous High Court cases that had allowed insolvent tenants to continue trading from their premises without paying rent. The landlords in this case, which involved the retailer GAME, have been allowed to recover £3,000,000 in outstanding rents from the period of the tenant's administration.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Real Estate, Taylor Wessing, Landlord
    Authors:
    Jill Carey
    Location:
    United Kingdom
    Firm:
    Taylor Wessing
    Landlords allowed to recover rent from administrators
    2014-05-29

    But is it GAME over?

    Pillar Denton Ltd and Others v Jervis and Others [2014] EWCA Civ 180

    Summary – What happened?

    A group of the UK's largest landlords have successfully overturned previous High Court decisions that had allowed insolvent tenants to continue trading from their premises without paying rent. The landlords in this case, which involved the retailer GAME, have been allowed to recover £3,000,000 in outstanding rents from the period of the tenant's administration.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Real Estate, Taylor Wessing, Landlord, Leasehold estate, Ex parte
    Authors:
    Saleem Fazal , Jill Carey
    Location:
    United Kingdom
    Firm:
    Taylor Wessing
    English liquidation of Portuguese company survives dissolution
    2014-06-06

    Key point

    An English winding up does not cease to have effect when an overseas company is dissolved under the law of its state of incorporation.

    The facts

    Agrenco Madeira – Comercio Internacional LDA (the "Company") was incorporated under the laws of Portugal in March 2004. The Company presented a winding up petition in England in August 2009. Its centre of main interests was in Brazil and therefore the EC Regulation on Insolvency Proceedings did not apply. The Company was wound up in England as an unregistered company in October 2009.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Taylor Wessing, Liquidation, High Court of Justice (England & Wales)
    Authors:
    Negeen Arasteh
    Location:
    United Kingdom
    Firm:
    Taylor Wessing
    Extensions of time under English insolvency Rules
    2014-06-06

    Key point

    Under English law there is a clear public interest in ensuring the timely and efficient administration of insolvent estates and parties should comply with all time limits in the Insolvency Rules 1986 unless there are good reasons for requiring more time. 

    The facts

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Taylor Wessing
    Authors:
    Brian Cain
    Location:
    United Kingdom
    Firm:
    Taylor Wessing
    Indemnity claim not subject to equitable guarantor protection rules under English law
    2014-06-06

    Key point

    The equitable rules designed to protect guarantors from amendments to the original financing agreements made without his consent do not apply to indemnities under English law.

    The facts

    A company entered into factoring arrangements. The directors entered into indemnities in favour of the factor.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Litigation, Taylor Wessing
    Authors:
    Brian Cain
    Location:
    United Kingdom
    Firm:
    Taylor Wessing
    Pre-pack sale by UK administrators is a sale under a "court approved process"
    2014-06-06

    Key point

    Under English law a pre-pack sale of assets by administrators should be considered to be a "sale implemented under a court approved process."

    Facts

    The company was put into administration by an order of the court, and an order was made granting the administrators liberty to enter into an immediate pre-pack sale of all of the company's assets. 

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Taylor Wessing
    Location:
    United Kingdom
    Firm:
    Taylor Wessing
    Former English liquidator unable to query creditor status
    2014-06-06

    Key point

    Only a current liquidator or a current creditor has standing in an English liquidation to pursue a claim under  section 212 of the Insolvency Act 1986 ("IA 86"). A former liquidator has no standing to apply to court to expunge a proof of debt (Insolvency Rule 4.85).

    The facts

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Taylor Wessing, Fraud, Liquidation, Liquidator (law), Insolvency Act 1986 (UK)
    Authors:
    David Johnson
    Location:
    United Kingdom
    Firm:
    Taylor Wessing
    Tracing and unjust enrichment claims by English Liquidator succeed
    2014-05-07

    Key point

    Under English law it is now clear that, in order to trace monies through bank accounts, it is not necessary that payments should occur in any specific order. 

    The facts

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Taylor Wessing, Unjust enrichment
    Authors:
    Richard Colebourn
    Location:
    United Kingdom
    Firm:
    Taylor Wessing
    Director accountability in the United Kingdom
    2014-05-07

    Key point

    The UK Government has published its response to their July 2013 consultation on restoring transparency and trust in the UK corporate governance regime. There are a number of proposals to widen the scope of the director disqualification regime and make recovery of losses by creditors from responsible directors easier.

    The response

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Taylor Wessing, Corporate governance
    Authors:
    Brian Cain
    Location:
    United Kingdom
    Firm:
    Taylor Wessing

    Pagination

    • First page « First
    • Previous page ‹‹
    • …
    • Page 47
    • Page 48
    • Page 49
    • Page 50
    • Current page 51
    • Page 52
    • Page 53
    • Page 54
    • Page 55
    • …
    • Next page ››
    • Last page Last »
    Home

    Quick Links

    • US Law
    • Headlines
    • Firm Articles
    • Board Committee
    • Member Committee
    • Join
    • Contact Us

    Resources

    • ABI Committee Articles
    • ABI Journal Articles
    • Conferences & Webinars
    • Covid-19
    • Newsletters
    • Publications

    Regions

    • Africa
    • Asia Pacific
    • Europe
    • North Africa/Middle East
    • North America
    • South America

    © 2025 Global Insolvency, All Rights Reserved

    Joining the American Bankruptcy Institute as an international member will provide you with the following benefits at a discounted price:

    • Full access to the Global Insolvency website, containing the latest worldwide insolvency news, a variety of useful information on US Bankruptcy law including Chapter 15, thousands of articles from leading experts and conference materials.
    • The resources of the diverse community of United States bankruptcy professionals who share common business and educational goals.
    • A central resource for networking, as well as insolvency research and education (articles, newsletters, publications, ABI Journal articles, and access to recorded conference presentation and webinars).

    Join now or Try us out for 30 days