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    Give retailers a break, lawyers tell creditors
    2020-04-16

    Lawyers have called for a break on winding-up petitions against retailers as they fail to pay creditors due to the outbreak. So far, retailers have been hit with 52 winding-up petitions since the beginning of the year, with the numbers accelerating since the coronavirus outbreak took hold, according to lawyers at RPC.

    Such a move would give retailers breathing space as they try to mitigate the impact of coronavirus, but it would also hurt creditors including small suppliers.

    Filed under:
    United Kingdom, Insolvency & Restructuring, RPC, Coronavirus
    Location:
    United Kingdom
    Firm:
    RPC
    Thomas and another v Frogmore Real Estate Partners [2017] EWHC 25 (Ch)
    2017-07-18

    Should an administrator’s appointment be terminated where the motives of the appointor are improper but the statutory purpose of the administration can still be properly achieved?

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, RPC, Insolvency Act 1986 (UK), High Court of Justice
    Authors:
    Tim Moynihan
    Location:
    United Kingdom
    Firm:
    RPC
    Agreement to submit to a foreign jurisdiction: Can it be implied or inferred?
    2016-03-14

    In Vizcaya Partners Ltd v Picard and another, the Privy Council recently held that anagreement to submit to the jurisdiction of a foreign court can arise through an implied term but there must be actual agreement (or consent). However, simply agreeing that an agreement should be governed by foreign law did not amount to agreement to the corresponding jurisdiction.

    Filed under:
    Gibraltar, United Kingdom, USA, Insolvency & Restructuring, Litigation, RPC, Default judgment
    Location:
    Gibraltar, United Kingdom, USA
    Firm:
    RPC
    Court of Appeal denies input tax on accountancy services relating to a refinancing and restructuring process: Airtours Holiday Transport Limited v HMRC
    2014-08-28

    Court of Appeal denies input tax on accountancy services relating to arefinancing and restructuring process: Airtours Holiday Transport Limited vHMRC5

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Litigation, Tax, RPC, Refinancing, HM Revenue and Customs (UK), Court of Appeal of England & Wales
    Authors:
    Adam Craggs , Ben Roberts , Robert Waterson
    Location:
    United Kingdom
    Firm:
    RPC
    Supreme Court widens scope of ‘client money’
    2012-03-01

    The Supreme Court yesterday ruled that client money held in un-segregated accounts should be treated the same as client money held in segregated accounts, enabling un-segregated account holders to share in the client money pool on the insolvency of a firm with whom the account is held.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Litigation, RPC, MiFID, Lehman Brothers, SCOTUS
    Location:
    United Kingdom
    Firm:
    RPC
    Scottish Lion Insurance case - the lion still roars
    2010-02-04
    • Decision will be welcomed by insurers

    The Scottish Appeal Court has allowed the appeal by Scottish Lion Insurance against the judgment of Lord Glennie on whether it would ever be fair for a court to sanction a solvent scheme in the face of creditor opposition, says City law firm Reynolds Porter Chamberlain LLP (RPC).

    Filed under:
    United Kingdom, Scotland, Insolvency & Restructuring, Insurance, Litigation, RPC, Limited liability partnership, Involuntary dismissal, House of Lords, Court of Appeal of England & Wales
    Authors:
    Vivien Tyrell
    Location:
    United Kingdom
    Firm:
    RPC
    Restructuring and insolvency
    2021-01-12

    In this chapter of our Annual Insurance Review 2021, we look at the main developments in 2020 and expected issues in 2021 for restructuring and insolvency.

    Key developments in 2020

    The Corporate Insolvency and Governance Act 2020 came into force on 26 June 2020. The changes introduced by that Act were some of the most significant made to English insolvency law for decades.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Insurance, RPC, Coronavirus
    Authors:
    Finella Fogarty , Paul Bagon
    Location:
    United Kingdom
    Firm:
    RPC
    COVID-19: Good news on wrongful trading provisions but why should directors tread carefully?
    2020-04-09

    The Government has launched a number of initiatives to assist companies and businesses to trade through the current financial stress. But what should directors still be aware of as they steer their organisations through these unprecedent times?

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, RPC, Coronavirus
    Authors:
    Tim Moynihan
    Location:
    United Kingdom
    Firm:
    RPC
    James Green (Supervisor of the Voluntary Arrangement of James Patrick Wright) (Supervisor) v James Patrick Wright (Debtor) [2017] EWCA Civ 111
    2017-07-18

    Are funds subject to an IVA if they are received by a debtor after a certificate of completion has been issued by the supervisor?

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, RPC, Court of Appeal of England & Wales
    Authors:
    Vivien Tyrell , Amy Gallimore , Tim Moynihan
    Location:
    United Kingdom
    Firm:
    RPC
    Do receivers owe duties to bankrupt mortgagors?
    2016-01-26

    The Court of Appeal has recently considered whether an LPA Receiver owes a duty of care to a bankrupt mortgagor in connection with the way the Receiver deals with the mortgaged property. In a decision which will be welcomed by Receivers and their insurers, the court decided that a Receiver owes no such duties.

    The facts

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Real Estate, RPC, Bankruptcy
    Location:
    United Kingdom
    Firm:
    RPC

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