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    Arbitration agreement - No winding up petition?
    2020-09-21

    InTelnic Ltd v Knipp Medien und Kommunikation GmbH [2020] EWHC 2075 (Ch), Sir Geoffrey Vos sitting in the English High Court ruled that where a debt is governed by an arbitration agreement, it is appropriate for the Court to stay or dismiss a winding up petition without investigating whether the debt is disputed in good faith and on substantial grounds.

    This case provides guidance on the high threshold a creditor will have to cross in order to be able to present a winding up petition for sums due under an agreement with an arbitration clause.

    Filed under:
    United Kingdom, Arbitration & ADR, Insolvency & Restructuring, Litigation, CMS Cameron McKenna Nabarro Olswang LLP
    Authors:
    Kushal Gandhi
    Location:
    United Kingdom
    Firm:
    CMS Cameron McKenna Nabarro Olswang LLP
    COVID-19: Tax and liquidity measures announced by the UK Government
    2020-03-24

    Correct as of 16.00 on 24 March 2020. This article is being maintained.

    The global COVID-19 outbreak is presenting businesses with unprecedented challenges. In the last two weeks the UK Government has announced a raft of COVID-19 liquidity and tax assistance measures for businesses and individuals.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Tax, CMS Cameron McKenna Nabarro Olswang LLP, Coronavirus, HM Revenue and Customs (UK)
    Location:
    United Kingdom
    Firm:
    CMS Cameron McKenna Nabarro Olswang LLP
    PPF compensation regime in breach of EU law
    2018-09-06

    The Court of Justice of the European Union (CJEU) has ruled today that the Pension Protection Fund regime does not satisfy European law requirements. The judgment is likely to have a significant impact on the PPF, and could have wider knock-on effects for many occupational pension schemes.

    Background to the case

    Filed under:
    European Union, United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, CMS Cameron McKenna Nabarro Olswang LLP, Pension Protection Fund, Court of Justice of the European Union
    Authors:
    Mark Grant
    Location:
    European Union, United Kingdom
    Firm:
    CMS Cameron McKenna Nabarro Olswang LLP
    Calls under performance bonds: leniency trend continues in Scotland
    2017-03-10

    Last year we reported on a decision of the Scottish Court of Session which suggested that greater leniency may apply to the interpretation of performance bonds in Scotland than in England (see our earlier Law-Now here). A further decision from the Court of Session issued last month would appear to support this trend.

    Fife Council v Royal & Sun Alliance Insurance plc

    Filed under:
    United Kingdom, Scotland, Construction, Energy & Natural Resources, Insolvency & Restructuring, Litigation, CMS Cameron McKenna Nabarro Olswang LLP
    Authors:
    Shona Frame , Aidan Steensma
    Location:
    United Kingdom
    Firm:
    CMS Cameron McKenna Nabarro Olswang LLP
    Insolvency (Protection of Essential Supplies) Order 2015 comes into force on 1 October 2015
    2015-09-21

    The amendments to the Insolvency Act 1986 will extend the protection of essential supplies on insolvency to most private utility suppliers. They will also extend protection to I.T. supplies, including data storage and processing and website hosting. Further protection is introduced where contracts are entered into from 1 October 2015, so that insolvency related terms which allow higher supply charges in the event of administration or company voluntary arrangement will be prohibited.

    Why is the law changing?

    Filed under:
    United Kingdom, Insolvency & Restructuring, IT & Data Protection, CMS Cameron McKenna Nabarro Olswang LLP, Insolvency Act 1986 (UK)
    Authors:
    Rita Lowe , Helen Coverdale
    Location:
    United Kingdom
    Firm:
    CMS Cameron McKenna Nabarro Olswang LLP
    A transaction under section 238 of the Insolvency Act 1986
    2013-11-15

    The Court of Appeal gave judgment today (15 November 2013) in favour of licensed insolvency practitioner Andrew Hosking (D), unanimously upholding a strike out judgment of Peter Smith J made on 22 February 2013. 

    Stephen Hunt, liquidator of Ovenden Colbert Printers Limited (“OCP”), had sued D and 8 other defendants.  His claim against D was brought pursuant to sections 238 and 241 Insolvency Act 1986.  He alleged that D had received or benefited from payments made by OCP which constituted transactions at an undervalue. 

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, CMS Cameron McKenna Nabarro Olswang LLP, Insolvency Act 1986 (UK)
    Authors:
    Duncan Aldred
    Location:
    United Kingdom
    Firm:
    CMS Cameron McKenna Nabarro Olswang LLP
    Insolvency – FINRA dismissal automatically unfair even where no transferee identified
    2011-12-19

    The Court of Appeal has held in the recent case of Spaceright Europe Ltd v Baillavoine and another (2011) that a dismissal can be for “a reason connected with the transfer” under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (“TUPE”) even if there is no particular transfer or transferee in existence or contemplation at the time of the dismissal. In the case Mr Baillavoine, the Chief Executive of Ultralon Holdings Ltd (“Ultralon”), was dismissed on the day Ultralon was placed into administration.

    Filed under:
    United Kingdom, Employment & Labor, Insolvency & Restructuring, Litigation, CMS Cameron McKenna Nabarro Olswang LLP, Transfer of Undertakings (Protection of Employment) Regulations 2006 (UK)
    Authors:
    Sarah Ozanne , Anthony Fincham , Alison Woods
    Location:
    United Kingdom
    Firm:
    CMS Cameron McKenna Nabarro Olswang LLP
    Proposal forms - risk of waiver of material information
    2021-10-05

    The High Court has set out the principles that apply to the construction of questions in an insurer’s automated online underwriting system and the circumstances in which an insurer’s questions may lead to waiver of the right to be told about certain information. In this case, the Court considered the construction and scope of the insurer’s standard question concerning previous insolvencies, and held that the wording used waived the insurer’s right to be told about other insolvency events not caught by the question.

    Background

    Filed under:
    United Kingdom, Insolvency & Restructuring, Insurance, Litigation, CMS Cameron McKenna Nabarro Olswang LLP, UK Supreme Court
    Location:
    United Kingdom
    Firm:
    CMS Cameron McKenna Nabarro Olswang LLP
    Still play nicely - Contractual performance in the time of COVID-19: An update
    2020-07-08

    Businesses continue to face a challenging environment owing to the global COVID-19 crisis and consequent measures introduced by governments worldwide. The scope and nature of these measures is constantly evolving, with the focus now shifting to an easing of restrictions and facilitating a bounce back of the economy. As part of their response to such measures, businesses will be continuing to look at how best to deal with potential contractual disputes, or considering if some contracts can be terminated.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, CMS Cameron McKenna Nabarro Olswang LLP, Coronavirus
    Location:
    United Kingdom
    Firm:
    CMS Cameron McKenna Nabarro Olswang LLP
    Landlords given permission to appeal Court's decision in Debenhams CVA challenge
    2020-03-06

    Last September we reported on the Court’s decision on the landlords’ challenge to the Debenhams CVA on grounds of unfair prejudice and material irregularity, in respect of which the landlords have now successfully obtained permission to appeal on various grounds (see below).

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Real Estate, CMS Cameron McKenna Nabarro Olswang LLP, Landlord
    Authors:
    Julie Gattegno
    Location:
    United Kingdom
    Firm:
    CMS Cameron McKenna Nabarro Olswang LLP

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