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    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
    Priority creditors and circulating security interests: what's a liquidator to do?
    2020-08-31

    The Corporations Act 2001 sets out a regime for the order in which certain debts and claims are to be paid in priority to unsecured creditors.

    That's straightforward enough for a liquidator, right?

    Unfortunately, matters are not that straightforward. In effect, there are two priority regimes under the Act for the preferential payments of particular creditors, each of which applies to a different "fund", and we've observed this has led to some liquidators being unsure of how to proceed – or even worse, using funds they should not.

    Filed under:
    Australia, United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Clayton Utz, Insolvency Act 1986 (UK)
    Authors:
    Nick Poole , Jonathon McRostie
    Location:
    Australia, United Kingdom
    Firm:
    Clayton Utz
    Practical issues of private international law arising in cross-border insolvencies
    2019-07-19

    Forum bias, along with some technical issues, are still challenges in cross-border insolvencies in Australia

    Just over ten years ago, Lehman Brothers filed for bankruptcy in the US, which turned out to be one of the largest cross-border insolvency cases in history.

    Last year also marks:

    Filed under:
    Australia, Global, United Kingdom, USA, Banking, Company & Commercial, Insolvency & Restructuring, Litigation, Clayton Utz, Bankruptcy, Debtor
    Authors:
    Karen O'Flynn
    Location:
    Australia, Global, United Kingdom, USA
    Firm:
    Clayton Utz
    Motive irrelevant as insurer's attempt to expand the operation of an insolvency exclusion in D&O policy fails
    2019-06-27

    A recent Full Court decision is a win for directors who hold D&O insurance policies, as well as those seeking to bring proceedings against directors of an insolvent company – probably to the dismay of insurers.

    Filed under:
    Australia, United Kingdom, Insolvency & Restructuring, Insurance, Litigation, Clayton Utz, Financial Conduct Authority (UK)
    Location:
    Australia, United Kingdom
    Firm:
    Clayton Utz
    The Courts flip-flopping (again) on the validity of “flip clauses”
    2016-09-01

    Judge Chapman’s judgment is obviously a welcome development for participants in the structured capital markets, particularly those who transact regularly with US counterparties.

    Filed under:
    Australia, United Kingdom, USA, Insolvency & Restructuring, Litigation, Securitization & Structured Finance, Clayton Utz, Collateralized debt obligation
    Authors:
    Karen O'Flynn , Flora Innes
    Location:
    Australia, United Kingdom, USA
    Firm:
    Clayton Utz
    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 reinstates settled law on enforcement of foreign judgments in insolvency
    2012-11-08

    If you’re pursuing assets in England relevant to a non-European bankruptcy or insolvency, you can’t rely on a (default) foreign judgment and must instead bring fresh proceedings in the English courts

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Clayton Utz, Bankruptcy, Enforcement of foreign judgments, Liquidator (law), Insolvency Act 1986 (UK), Court of Appeal of England & Wales, High Court of Justice, UK Supreme Court
    Authors:
    Karen O'Flynn
    Location:
    United Kingdom
    Firm:
    Clayton Utz
    UK Supreme Court rules in favour of flip clauses
    2011-08-08

    The UK Supreme Court, which is the UK's highest court, has handed down its long-awaited decision in Belmont Park Investments Pty Limited v BNY Corporate Trustee Services Limited and Lehman Brothers Special Financing Inc [2011] UKSC 38, in which the Court considered the validity and enforceability of so-called "flip" clauses under English bankruptcy law.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Securitization & Structured Finance, Clayton Utz, Bankruptcy, Surety, Collateral (finance), Security (finance), Swap (finance), Good faith, Default (finance), Credit default swap, Lehman Brothers, Court of Appeal of England & Wales, High Court of Justice, UK Supreme Court
    Authors:
    Andrew Jinks , Joshua Knuckey
    Location:
    United Kingdom
    Firm:
    Clayton Utz
    English Court Confirms International Jurisdiction to Set Aside Transactions Defrauding Creditors
    2018-09-28

    Section 423 of the Insolvency Act 1986 continues to be a useful tool available to creditors for challenging transactions at an undervalue.

    Section 423 gives the English court the power to set aside a transaction (most notably an asset disposal or a dividend) entered into by a debtor if the value of the consideration received by that debtor is significantly less than the value of the consideration the debtor provides to the other party to the transaction. Creditors ought to bear in mind this power when scrutinising a debtor’s previous actions.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Latham & Watkins LLP, Insolvency Act 1986 (UK)
    Authors:
    Simon Baskerville , Daniel Smith , Anna Hyde , Lisa Stevens , Vanessa Morrison
    Location:
    United Kingdom
    Firm:
    Latham & Watkins LLP
    Court of Appeal upholds decision that Pensions Regulator’s demands are granted “super-priority” in insolvencies
    2011-10-20

    The Court of Appeal handed down its judgment on 14 October 2011 unanimously upholding the first instance decision that a Financial Support Direction (FSD) issued by the Pensions Regulator to an entity after it has commenced insolvency proceedings will rank as an expense of the administration, therefore affording it super-priority over floating charge holders and other unsecured creditors. This decisions has significant implications for lenders to groups with UK defined benefit pension plans if any of their security is taken as a floating charge.

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Latham & Watkins LLP, Unsecured debt, Debt, Liability (financial accounting), Liquidator (law), Defined benefit pension plan, The Pensions Regulator, Lehman Brothers, Court of Appeal of England & Wales, High Court of Justice
    Authors:
    Catherine Drinnan , Gretchen Lennon
    Location:
    United Kingdom
    Firm:
    Latham & Watkins LLP

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