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    UK pensions update: Supreme Court rules in Nortel and Lehman appeals
    2013-08-14

    The Supreme Court has ruled that Financial Support Directions issued by the Pensions Regulator against insolvent companies can be claimed as provable debts in the insolvency process. The previous decisions of the High Court and Court of Appeal that they were to be paid as insolvency expenses have been overruled.

    The decision was handed down in the Court’s judgment on the latest appeal in the long-running Nortel and Lehman saga, which arose out of a grey area in the elaborate statutory system for the funding of defined benefit pension schemes.

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Clyde & Co LLP, Debt, Liability (financial accounting), The Pensions Regulator, SCOTUS
    Authors:
    Mark Howard
    Location:
    United Kingdom
    Firm:
    Clyde & Co LLP
    Can an insolvent contractor refer a dispute to adjudication? If so, is there any point in doing so?
    2020-06-19

    Days ago a lawyer's answer to these questions would have been the all too often heard "well, it depends". There would have been a serious risk of any such adjudication being stopped by the court granting a mandatory injunction to halt it. Ask the same questions again now and the response would be a resounding "yes and yes!"

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Clyde & Co LLP, Liquidator (law)
    Location:
    United Kingdom
    Firm:
    Clyde & Co LLP
    Understanding compulsory liquidation
    2018-01-30

    A company enters into compulsory liquidation when the court makes a winding up order. Upon the order being made, the Official Receiver ("OR") is automatically appointed as liquidator, however, the company's creditors may nominate an alternative licensed insolvency practitioner to act as liquidator. A liquidator's primary function is to realise the company's assets for the benefit of its creditors.

    Filed under:
    United Kingdom, Company & Commercial, Employment & Labor, Insolvency & Restructuring, Litigation, Clyde & Co LLP, Liquidation
    Authors:
    Andrew Foster , Duncan Lockhart
    Location:
    United Kingdom
    Firm:
    Clyde & Co LLP
    (Re)insurance Weekly Update 35- 2016
    2016-10-10

    A summary of recent developments in insurance, reinsurance and litigation law.

    This Week's Caselaw

    Essar v Norscot: Court confirms that arbitrators can award the costs of litigation funding/time limits for challenging a corrected award

    https://www.lawtel.com/UK/FullText/AC9402034QBD(Comm).pdf

    Filed under:
    United Kingdom, Arbitration & ADR, Insolvency & Restructuring, Litigation, Clyde & Co LLP, Arbitration Act 1996 (UK)
    Authors:
    Nigel Brook
    Location:
    United Kingdom
    Firm:
    Clyde & Co LLP
    Allanfield Property Insurance Services v Aviva and AXA: Judge considers whether premiums held by insolvent broker belong to customers or insurer
    2016-01-11

    http://www.bailii.org/ew/cases/EWHC/Ch/2015/3721.html

    Two insurance intermediaries entered into administration. Although heavily insolvent, they had significant funds held in client accounts. Those funds represented insurance premiums collected from customers but not yet paid on to the insurers. The issue therefore arose as to whether the insurers, the customers or the unsecured creditors of the intermediaries were entitled to those funds.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Insurance, Litigation, Clyde & Co LLP, AXA, Aviva
    Authors:
    Nigel Brook
    Location:
    United Kingdom
    Firm:
    Clyde & Co LLP
    Covid-19 Real Estate update: Restrictions on use of statutory demands and winding up petitions
    2020-05-22

    The UK Government has finally set out details of the proposed measures to temporarily restrict the use of statutory demands and winding up petitions during the worst of the COIVD-19 pandemic

    Filed under:
    United Kingdom, Insolvency & Restructuring, Clyde & Co LLP, Landlord, Coronavirus
    Authors:
    Keith Conway , Andrew Foster , Jeremy Stephen
    Location:
    United Kingdom
    Firm:
    Clyde & Co LLP
    Security for Costs - Recovery Partners v Rukhadze
    2018-01-24

    Case Alert - [2018] EWHC 95 (Comm)

    Court considers whether deed of indemnity from insurer is adequate security for costs

    Filed under:
    United Kingdom, Insolvency & Restructuring, Insurance, Litigation, Clyde & Co LLP
    Location:
    United Kingdom
    Firm:
    Clyde & Co LLP
    Hanjin Shipping - Current jurisdictional status and options - United Kingdom
    2016-10-04

    The fact that the receiver appointed for Hanjin, Mr Tai-Soo Suk, quickly took steps to extend to the UK the protection afforded by the Korean rehabilitation proceedings, was of little surprise, as England is likely to be the forum where the majority of creditors will have to bring proceedings to recover debts or claim damages for breach of contract.

    Filed under:
    South Korea, United Kingdom, Insolvency & Restructuring, Litigation, Clyde & Co LLP
    Location:
    South Korea, United Kingdom
    Firm:
    Clyde & Co LLP
    Ras Al Khaimah v Bestfort
    2015-11-30

    Application for a freezing order in support of foreign proceedings/appointment of a receiver and a power of attorney

    http://www.bailii.org/ew/cases/EWHC/Ch/2015/3383.html

    The applicants (based in the UAE and Georgia) sought freezing orders against the respondents in support of proceedings taking place overseas. The respondents are LLPs registered in England and Wales and owned by a Georgian national.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Clyde & Co LLP, Power of attorney
    Authors:
    Nigel Brook
    Location:
    United Kingdom
    Firm:
    Clyde & Co LLP
    COVID-19 UK: New Temporary Practice Direction on Insolvency Proceedings
    2020-04-08

    Whilst no further action has, as yet, been taken to implement the foreshadowed changes to insolvency law in England and Wales (see our comments on the same), the Business and Property Courts of England and Wales ("BPC") have moved quickly to release a temporary Practice Direction on insolvency proceedings ("TIPD").

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Clyde & Co LLP, Coronavirus
    Authors:
    Andrew Foster , Duncan Lockhart
    Location:
    United Kingdom
    Firm:
    Clyde & Co LLP

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