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    Re Sahaviriya Steel Industries UK Ltd, Official Receiver v Sahaviriya Steel Industries Public Company Ltd [2015] EWHC 2877 (Ch)
    2015-11-25

    The English High Court has for the first time directly addressed the question of the extra-territorial application of s233 of the Insolvency Act 1986. The Official Receiver as Liquidator of Sahaviriya Streel Industries UK Ltd sought an order to restore access to an IT system provided to the Company by its parent company in Thailand. In granting permission to the Official Receiver to serve the application out of the jurisdiction, the Court was persuaded by the reasoning in the recent cases of Jetivia and Re Paramount Airways which concerned other provisions of the Insolvency Act 1986.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Ashfords LLP, Public company, Insolvency Act 1986 (UK), High Court of Justice
    Authors:
    Alan Bennett
    Location:
    United Kingdom
    Firm:
    Ashfords LLP
    (1) Russell Crumpler (2) Sarah Bower (Joint Liquidators of Peak Hotels & Resorts LTD in Liquidation) v Candey LTD (2018)
    2018-11-21

    The joint liquidators of Peak Hotels & Resorts Limited ("Peak") brought an unsuccessful appeal that a legal charge held over funds paid into court ("Funds") was incapable of enforcement. The court dismissed the appeal on the basis that Peak did retain a proprietary interest over the funds.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Ashfords LLP, Interest, Deed, Reinsurance, Liquidation
    Authors:
    Alan Bennett , Emma Hindon
    Location:
    United Kingdom
    Firm:
    Ashfords LLP
    Peak Hotels & Resorts Ltd (in Liquidation) sub nom (1) Russell Crumpler (2) Sarah Bower (Joint Liquidators of Peak Hotels & Resorts Ltd (In Liquidation)) v Candey Ltd (2017)
    2018-06-11

    The Facts

    The case concerned an application made by the Liquidators of a BVI incorporated company, Peak Hotels and Resorts Limited ("Peak"). The application was intended to determine the effectiveness of a charge granted by Peak to Candey Limited, Peak's former solicitor.

    Peak was the holding company of a joint venture vehicle that became the subject of lengthy international litigation proceedings following the breakdown of relations between the joint venture partners and shareholders. Candey acted for peak in the litigation.

    Filed under:
    British Virgin Islands, United Kingdom, Insolvency & Restructuring, Litigation, Ashfords LLP, Liquidation, Insolvency Act 1986 (UK)
    Authors:
    Mathilda Traill , Alan Bennett
    Location:
    British Virgin Islands, United Kingdom
    Firm:
    Ashfords LLP
    Toys R Us wiped off the Maplin
    2018-03-23

    Two big name high street retailers entered Administration in February: On 28 February, Toys R Us, whose financial struggles had been attracting media attention (not least from Ashfords' Restructuring & Insolvency Bulletin) since before Christmas, finally threw in the towel and appointed Administrators from Moorfields; while electrical goods firm Maplin also appointed PwC on the same day.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Ashfords LLP
    Authors:
    Connor Pierce
    Location:
    United Kingdom
    Firm:
    Ashfords LLP
    Willmont & ors v Shlosberg [2017] EWHC 2446 (Ch), Arnold J, 9 October 2017
    2018-01-23

    The Facts

    The latest decision in the Shlosberg saga that has turned the issue of privilege and use of documents on its head - this time considering the practical implications of how office holders can use information they have obtained by compulsion for the purposes of their investigations.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Legal Practice, Litigation, Ashfords LLP, High Court of Justice
    Authors:
    Connor Pierce
    Location:
    United Kingdom
    Firm:
    Ashfords LLP
    Crumper v Candey Ltd [2017] EWCH 1511 (Ch)
    2017-09-29

    This case considers section 245 of the Insolvency Act 1986, namely the rules on avoidance of certain floating charges, and provides analysis of the application of s245 notwithstanding the Liquidation originated in the British Virgin Islands.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Ashfords LLP, Insolvency Act 1986 (UK)
    Authors:
    Alan Bennett , Kyla Payne
    Location:
    United Kingdom
    Firm:
    Ashfords LLP
    In the matter of the désastres of Gail Alison Cochrane and Orb a.r.l.
    2017-04-26
    1. Harbour Fund II LP v. (1) Orb a.r.l. (2) Litigation Capital Funding [2017]JRC171 ("the September judgment")
    2. Harbour Fund II LP v. (1) Orb a.r.l. (2) Dr Gail Cochrane [2017]JRC007 ("the January judgment")
    3. Representation of the Viscount re Cochrane and Orb a.r.l. [2017]JRC025 ("the February judgment")

    The high profile cross border insolvency of Orb a.r.l. ("Orb") has been the subject of three linked judgments from the Royal Court in Jersey.

    Filed under:
    Jersey, United Kingdom, Insolvency & Restructuring, Litigation, Ashfords LLP, Courts of Jersey
    Authors:
    Alan Bennett
    Location:
    Jersey, United Kingdom
    Firm:
    Ashfords LLP
    Insolvency Rules - Application to Set Aside a Statutory Demand
    2017-04-03

    Applications to Set Aside a Statutory Demand

    Set Aside Applications were previously governed by rules 6.4 and 6.5. They are now governed by Rules 10.4 and 10.5.

    Rule 10.4 - Application to Set Aside Statutory Demand

    In summary, Rule 10.4 provides that a debtor may, after having been served with a Statutory Demand, make an application to court to have it set aside.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Ashfords LLP
    Authors:
    Alan Bennett
    Location:
    United Kingdom
    Firm:
    Ashfords LLP
    Guardians of New Zealand Superannuation Fund & Ors v Novo Banco, S.A. [2016] EWCA Civ 1092
    2017-01-25

    Following the collapse of Banco Espirito Santo, the Court of Appeal held that a $835m loan had not been transferred to Novo Banco.

    This case concerns a Court of Appeal hearing following the 2014 collapse of substantial Portuguese bank Banco Espirito Santo ('BES').

    In June 2014, Oak Finance Luxembourg SA ('Oak') entered a facility agreement with BES to lend approximately $835million. The agreement contained English law and jurisdiction clauses.

    Filed under:
    European Union, Portugal, United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Ashfords LLP
    Authors:
    Olivia Bridger
    Location:
    European Union, Portugal, United Kingdom
    Firm:
    Ashfords LLP
    Marme Inversiones 2007 S.L. v The Royal Bank of Scotland et al [2016] EWHC 1570 (Comm)
    2016-07-08

    The UK Commercial Court has dismissed the Claimant's application for a stay under Article 28 of the Judgments Regulation.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Litigation, Ashfords LLP, Commercial property, Interest, Swap (finance), Liquidation, Cashflow, Default (finance), Exclusive jurisdiction, Stay of execution, The Royal Bank of Scotland, High Court of Justice
    Authors:
    Emma Clayton
    Location:
    United Kingdom
    Firm:
    Ashfords LLP

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