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    Supreme Court rules on insolvency adjudication debate
    2020-06-18

    A Supreme Court judgment issued yesterday has overturned a Court of Appeal decision heavily limiting the ability of insolvency practitioners to commence and enforce adjudication proceedings against their creditors. The court’s decision allows much greater flexibility in the use of adjudication for the administration of construction insolvencies, however some uncertainty remains over the basis on which decisions obtained in such adjudications will be permitted to be enforced against creditors.

    Filed under:
    United Kingdom, Construction, Insolvency & Restructuring, Litigation, CMS Cameron McKenna Nabarro Olswang LLP, Coronavirus, UK Supreme Court
    Authors:
    Adrian Bell , Nigel Lewis , Steven Williams , Shona Frame
    Location:
    United Kingdom
    Firm:
    CMS Cameron McKenna Nabarro Olswang LLP
    Adjudication for insolvent parties | A higher bar than first thought?
    2020-10-06

    In the wake of the Supreme Court's ruling that an insolvent company can adjudicate, the TCC have confirmed that there remain high hurdles to the insolvent party enforcing any adjudication decision.

    Filed under:
    United Kingdom, Construction, Insolvency & Restructuring, Litigation, Osborne Clarke, UK Supreme Court, Technology and Construction Court
    Authors:
    Daniel Cashmore
    Location:
    United Kingdom
    Firm:
    Osborne Clarke
    The landscape after Bresco: John Doyle Construction Ltd v Erith Contractors Ltd
    2020-09-21

    You must have been in isolation if you haven’t heard or read about the Supreme Court’s decision in Bresco v Lonsdale. It has been hailed by some as opening the floodgates to adjudications by insolvent companies. But as a series of recent judgments show, there remain a number of obstacles that will need to be overcome by insolvent entities seeking to enforce an adjudication award.

    The background

    Filed under:
    United Kingdom, Arbitration & ADR, Construction, Insolvency & Restructuring, Litigation, DLA Piper, Court of Appeal of England & Wales, UK Supreme Court
    Authors:
    Edward Shaw
    Location:
    United Kingdom
    Firm:
    DLA Piper
    UK Supreme Court expands concept of submission to jurisdiction of foreign court in insolvency
    2012-12-06

    A creditor with assets in England should refrain from involvement in a foreign insolvency proceeding if it is at risk of being sued in the foreign court.

    Filed under:
    Australia, United Kingdom, Insolvency & Restructuring, Litigation, Clayton Utz, Liquidation, Liquidator (law), UK Supreme Court
    Authors:
    Karen O'Flynn
    Location:
    Australia, United Kingdom
    Firm:
    Clayton Utz
    UK Supreme Court makes it harder to enforce Australian insolvency judgments in the UK
    2012-11-09

    Before the recent decision in Rubin and another v Eurofinance SA and others and New Cap Reinsurance Corporation (In liq) and another v AE Grant [2012] UKSC 46 (the joint appeal of two earlier cases) (the Rubin/New Cap Appeal), an insolvency judgment obtained in an Australian court could be enforced in the UK despite falling outside of the traditional common law enforceability rules.

    The Rubin/New Cap Appeal has now removed this special treatment afforded to foreign insolvency judgments and the old common law rules once again apply.

    Filed under:
    Australia, United Kingdom, Insolvency & Restructuring, Litigation, Corrs Chambers Westgarth, Common law, Court of Appeal of England & Wales, UK Supreme Court
    Authors:
    Kirsty Sutherland , Mark Wilks , Michael Kimmins
    Location:
    Australia, United Kingdom
    Firm:
    Corrs Chambers Westgarth
    Bulgarian creditors of Thomas Cook - what’s next?
    2019-09-30

    Last week, one of the largest tour operators and package tour operators in the world shut down – Thomas Cook. On September 23, 2019, the UK Supreme Court appointed an Official Receiver, a figure similar to the insolvency receiver in Bulgaria, who takes over the “management” of dozens of Thomas Cook Group companies and appoints consulting firms AlixPartners and KPMG to support the process.

    Filed under:
    Bulgaria, United Kingdom, Company & Commercial, Insolvency & Restructuring, Leisure & Tourism, Tocheva & Mandazhieva Law Office, Brexit, UK Supreme Court
    Authors:
    Stanimira Hristova , Ivana Bliznakova
    Location:
    Bulgaria, United Kingdom
    Firm:
    Tocheva & Mandazhieva Law Office
    BREXIT: charting a new course
    2017-02-21

    If 2016 ended with more questions than answers as to how Brexit would take shape, 2017 began with at least a little more clarity.

    Filed under:
    European Union, Global, OECD, United Kingdom, USA, Arbitration & ADR, Aviation, Banking, Capital Markets, Company & Commercial, Competition & Antitrust, Employee Benefits & Pensions, Employment & Labor, Energy & Natural Resources, Environment & Climate Change, Immigration, Insolvency & Restructuring, Insurance, Intellectual Property, IT & Data Protection, Public, Real Estate, Tax, Telecoms, Herbert Smith Freehills LLP, Brexit, Internal market, European Economic Area, UK Supreme Court
    Location:
    European Union, Global, OECD, United Kingdom, USA
    Firm:
    Herbert Smith Freehills LLP
    European perspective in brief
    2013-06-01

    Europe has struggled mightily during the last several years to triage a long series of critical blows to the economies of the 27 countries that comprise the European Union, as well as the

    collective viability of eurozone economies. Here we provide a snapshot of some recent developments relating to insolvency and restructuring in the EU.

    Filed under:
    European Union, United Kingdom, Insolvency & Restructuring, Litigation, Jones Day, Liquidation, Balance sheet, Insolvency Act 1986 (UK), UK Supreme Court, United States bankruptcy court
    Authors:
    Mark G. Douglas
    Location:
    European Union, United Kingdom
    Firm:
    Jones Day
    UK Supreme Court rules in favour of unsegregated clients in Lehman Brothers International (Europe) (in administration)
    2012-03-19

    PwC, the administrators in the Lehman Brothers administration in the UK, have made several applications to the Court seeking directions on their approach to the distribution of clients’ money and assets. On 29 February 2012 the Supreme Court gave judgment on issues that are central to the interpretation and application of the rules for the protection of client money made by the Financial Services Authority. The issues raised are ones that have divided judicial opinion.

    Filed under:
    European Union, United Kingdom, Capital Markets, Insolvency & Restructuring, Litigation, White & Case, Lehman Brothers, FSA, MiFID, UK Supreme Court
    Authors:
    Stuart Willey , Stephen Phillips , Malcolm Mclean
    Location:
    European Union, United Kingdom
    Firm:
    White & Case
    When is broke broke? A UK Supreme Court perspective
    2013-05-20

    Like many legal tests, the test for insolvency is easy to state, but hard to apply in practice.

    The United Kingdom Supreme Court (UKSC)1 has recently issued an important clarification, which confirms that an element of forwards projection must be applied – extending in extreme cases to assessments of balance-sheet as well as cash-flow solvency.

    This liberal approach is likely to be followed in New Zealand, despite differences in statutory wording.

    Filed under:
    New Zealand, United Kingdom, Insolvency & Restructuring, Litigation, Chapman Tripp, Dividends, Debt, Liability (financial accounting), Liquidation, Balance sheet, Cashflow, UK Supreme Court
    Authors:
    Daniel Kalderimis
    Location:
    New Zealand, United Kingdom
    Firm:
    Chapman Tripp

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