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    Misfeasant Trading vs Wrongful Trading: Do the BHS decisions rewrite the rules?
    2024-09-10

    Arising from the dramatic collapse of what was once one of Britain's most famous high street names, British Home Stores ("BHS"), the claims brought by the liquidators of the BHS group companies (the "BHS Group") against its former directors were already newsworthy.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Mishcon de Reya LLP, Companies Act 2006 (UK), UK Supreme Court
    Authors:
    Nick Payne
    Location:
    United Kingdom
    Firm:
    Mishcon de Reya LLP
    Sian v Halimeda: UK Privy Council revisits the interplay between insolvency and arbitration
    2024-08-21

    What you need to know

    Filed under:
    United Kingdom, Arbitration & ADR, Insolvency & Restructuring, Litigation, Ashurst, Arbitration Act 1996 (UK), UK Supreme Court
    Authors:
    Emma Johnson , Sylvia Tee , Amy Cable , Jenny Zhang
    Location:
    United Kingdom
    Firm:
    Ashurst
    Supreme Court offers reassurance to administrators where large-scale redundancies are necessary
    2024-02-06

    R (on the application of Palmer) (Appellant) v Northern Derbyshire Magistrates’ Court and another (Respondents) [2023] UKSC 38

    On appeal from: [2021] EWHC 3013

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Charles Russell Speechlys, Insolvency Service (UK), Companies Act 2006 (UK), UK Supreme Court
    Authors:
    Jana Billington , Jessica Boxford , Emily Chalkley
    Location:
    United Kingdom
    Firm:
    Charles Russell Speechlys
    Directors' Duties: UK High Court gives further guidance on 'Creditor Duty' for Directors
    2024-02-26

    Following on from the UK Supreme Court decision in Sequana (discussed here), the recent UK High Court (UKHC) decision in Hunt v Singh [2023] EWHC 1784 (Ch), further considered the duty of directors to take into account the interests of creditors in certain circumstances.

    Filed under:
    Ireland, Insolvency & Restructuring, Litigation, William Fry, UK Supreme Court
    Authors:
    Barbara Galvin , Ruairi Rynn , Fergus Doorly
    Location:
    Ireland
    Firm:
    William Fry
    Directors' duties: Are you aware of the "creditor duty"?
    2024-01-23

    We have recently published a few blogs on the hot topic of company insolvencies, including more specifically about:

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Tax, Brodies LLP, HM Revenue and Customs (UK), Companies Act 2006 (UK), UK Supreme Court
    Authors:
    Lucy McCann , Nicky-Ray Watson
    Location:
    United Kingdom
    Firm:
    Brodies LLP
    Hunt v Singh: guidance on director's duties to creditors following Sequana
    2024-01-19

    The English High Court decision of Hunt v Singh [2023] EWHC 1784 (Ch) has provided the most substantive authority on directors' duties to creditors since the decision of the Supreme Court in BTI 2014 LLC v Sequana SA and others [2022] UKSC 25 (“Sequana”). The case specifically considered the point at which a director’s duty to take into account the interests of creditors arises.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Tax, Brodies LLP, HM Revenue and Customs (UK), UK Supreme Court
    Authors:
    Nicky-Ray Watson
    Location:
    United Kingdom
    Firm:
    Brodies LLP
    The 2023 Restructuring Market Wrap-Up
    2024-01-11

    As 2024 gets underway, 2023 will be remembered as the year that King Charles III’s coronation captured our attention with its many (and occasionally bizarre) storied traditions and customs and, of course, for the passing of the Irish singer and poet Shane MacGowan.1 Turmoil in the European banking sector early in the year set the tone for a challenging year, while across the Atlantic, a number of regional US banks had their

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Tax, Cadwalader Wickersham & Taft LLP, HM Revenue and Customs (UK), Companies Act 2006 (UK), UK Supreme Court
    Authors:
    Simon Walsh , Gregory M. Petrick , William Sugden , Bevis Metcalfe
    Location:
    United Kingdom
    Firm:
    Cadwalader Wickersham & Taft LLP
    HFW Disputes Digest 2023
    2024-01-08

    HFW DISPUTES DIGEST 2023

    Welcome to the second annual Disputes Digest, in which we collate our 2023 global HFW LITIGATION and International Arbitration publications in one place.

    This edition includes updates from across our Disputes arena, including England and Wales, BVI, AsiaPac, and the Middle East.

    Filed under:
    European Union, Global, Hong Kong, Singapore, United Kingdom, USA, Arbitration & ADR, Banking, Capital Markets, Company & Commercial, Compliance Management, Derivatives, Environment & Climate Change, Healthcare & Life Sciences, Insolvency & Restructuring, IT & Data Protection, Litigation, White Collar Crime, HFW, Know your customer, Blockchain, Employee Retirement Income Security Act 1974 (USA), Advertising, Climate change, Supply chain, Mediation, Fintech, Due diligence, Carbon neutrality, Cryptocurrency, ESG, Litigation funding, Anti-money laundering, Non-fungible tokens, Metaverse, Anti-bribery and corruption, Greenwashing, US Securities and Exchange Commission, Financial Conduct Authority (UK), Barclays, Consumer Financial Protection Bureau (USA), Google, European Council, Commodity Futures Trading Commission (USA), Competition and Markets Authority (UK), HSBC, Monetary Authority of Singapore, Bank of England, Singapore International Arbitration Centre, FTX, Silicon Valley Bank, Arbitration Act 1996 (UK), Federal Arbitration Act 1926 (USA), Financial Services and Markets Act 2000 (UK), UK Supreme Court
    Location:
    European Union, Global, Hong Kong, Singapore, United Kingdom, USA
    Firm:
    HFW
    Guilty or Not Guilty: UK Supreme Court Decides Fate of Administrator Appointed Under Insolvency Act
    2023-12-20

    Go-To Guide:

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Greenberg Traurig LLP, UK Supreme Court
    Authors:
    Hannah Blom-Cooper , Rupert Cheetham , Alex Swan
    Location:
    United Kingdom
    Firm:
    Greenberg Traurig LLP
    The Court of Appeal affirms the importance of office holders’ discretion
    2023-12-20

    There have been many reported cases in the bankruptcies of Mr and Mrs Brake (the “Brakes”) including the recent case of Patley Wood Farm LLP v Kicks [2023] EWCA Civ 901 where the Court of Appeal considered an application under s303 of the Insolvency Act 1986 (the “IA 1986”) against a decision of the trustees in bankruptcy of the Brakes (the “Trustees”).

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Charles Russell Speechlys, UK Supreme Court
    Authors:
    Carris Peacey
    Location:
    United Kingdom
    Firm:
    Charles Russell Speechlys

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