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    High Court Recognises Application Under The Cross-Border Insolvency Regulations: Croatian Proceedings of a Single Company Subject to Group Insolvency Proceedings
    2017-11-29

    An application was made for recognition in Great Britain under the Cross-Border Insolvency Regulations 2006 ("CBIR") of new legislation in Croatia known as "Extraordinary Administration Proceeding".

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Ashfords LLP, High Court of Justice
    Authors:
    Kyla Payne , Alan Bennett
    Location:
    United Kingdom
    Firm:
    Ashfords LLP
    Re Diffraction Diamonds DMCC [2017] EWHC 1368 (Ch)
    2017-06-27

    A case of two companies, one incorporated in Dubai and the other in England, involved in a network of businesses producing contrived fancy colour diamond valuations were eventually wound up by English courts in the interest of the public.

    Filed under:
    United Kingdom, England, Insolvency & Restructuring, Litigation, Ashfords LLP, Liquidation
    Authors:
    Sarah Shrimpton
    Location:
    United Kingdom
    Firm:
    Ashfords LLP
    Deemed Consent - Rule 15.7
    2017-04-13

    [Note: deemed consent cannot be used to decide on remuneration, or where the Act/Rules requires a decision by a decision procedure.]

    The Deemed Consent procedure is set out in sections 246ZF (corporate insolvency) and 379ZB (personal insolvency) of the Insolvency Act 1986, as inserted by the Small Business, Enterprise and Employment Act 2015, and rule 15.7 of the Insolvency Rules 2016.

    The deemed consent procedure is that relevant creditors/contributories are given notice:

    Filed under:
    United Kingdom, Insolvency & Restructuring, Ashfords LLP, Insolvency Act 1986 (UK)
    Authors:
    Olivia Bridger
    Location:
    United Kingdom
    Firm:
    Ashfords LLP
    Insolvency Rules - Delivery of Documents
    2017-03-28

    The language of the rules has been amended and there is now more reference to delivery of documents rather than service. Rules 1.40 - 1.53 set out rules relating to delivery wherever documents are required to be delivered by the new rules.

    These rules include the following headings:

    Filed under:
    United Kingdom, Insolvency & Restructuring, Ashfords LLP
    Authors:
    Katie Farmer
    Location:
    United Kingdom
    Firm:
    Ashfords LLP
    UVW v XYZ (A Registered Agent) BVIHC (COM) 108 of 2016
    2016-11-25

    The BVI High Court granted Norwich Pharmacal relief against a registered agent for a judgment debtor who was subject to an interim freezing order.

    The judgment creditor had obtained an interim freezing order against the judgment debtor, and was seeking general information as to the assets of the judgment debtor, following a pattern of concealment of assets to frustrate enforcement of a foreign judgment. The judgment debtor had failed to comply with an overseas freezing order and had been held in contempt of court for failing to disclose assets.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Ashfords LLP
    Authors:
    Olivia Bridger , Alan Bennett
    Location:
    United Kingdom
    Firm:
    Ashfords LLP
    Redundancies in Insolvent Businesses: A Warning for Employers
    2016-02-09

    When a company is facing financial difficulties, the Directors of that company should be aware to the procedures that must be followed in relation to redundancies in order to avoid prosecution.

    Filed under:
    United Kingdom, Employment & Labor, Insolvency & Restructuring, Litigation, Ashfords LLP
    Authors:
    Charles Pallot
    Location:
    United Kingdom
    Firm:
    Ashfords LLP
    You have the right to adjudicate at any time… unless the referring party is in liquidation!
    2018-08-23

    It is common knowledge to many that parties to a construction contract have the right to adjudicate at any time. This is a right implied by statute and a right that cannot be fettered. However, it seems the limits of such a right are now somewhat more nuanced. In the recent case of Michael J. Lonsdale (Electrical) Limited v Bresco Electrical Services Limited (in Liquidation) [2018] EWHC 2043 Fraser J has considered how the Insolvency Rules and Adjudication work together and what this means for the right to adjudicate at any time.

    Filed under:
    United Kingdom, Construction, Insolvency & Restructuring, Litigation, Ashfords LLP, Construction contracts, High Court of Justice
    Authors:
    Lianne Edwards
    Location:
    United Kingdom
    Firm:
    Ashfords LLP
    Ariel v Halabi and HMRC [2018] JRC006A
    2018-05-02

    The Jersey Court exercised their discretion and consented to vary the terms of Recognition and Consent Orders to allow a Trustee in Bankruptcy to comply with an Information Notice served by HMRC in relation to the Bankrupt's tax affairs.

    Filed under:
    Jersey, United Kingdom, Insolvency & Restructuring, Litigation, Tax, Ashfords LLP, HM Revenue and Customs (UK)
    Authors:
    Olivia Bridger , Alan Bennett
    Location:
    Jersey, United Kingdom
    Firm:
    Ashfords LLP
    Re Nortel Networks UK Ltd and Ors [2017] EWCH 3299 (Ch)
    2018-02-19

    Brexit plays a part in an application by the Joint Administrators of Nortel Networks UK Limited and others to extend the Administrators' terms of office as uncertainty lies over what, if any recognition will be given to the Administrators by the courts of the EU Member States after 29 March 2019.

    Filed under:
    European Union, United Kingdom, Banking, Insolvency & Restructuring, Public, Ashfords LLP, Brexit
    Authors:
    Kyla Payne , Alan Bennett
    Location:
    European Union, United Kingdom
    Firm:
    Ashfords LLP
    Orexim Trading Ltd v Mahavir Port and Terminal Private Ltd and others [2017] EWHC 2663 (Comm)
    2017-11-29

    In Orexim Trading Ltd v Mahavir Port and Terminal Private Ltd and others [2017] EWHC 2663 (Comm), the High Court held that a claim under s.423 of the Insolvency Act 1986 ("IA 1986") where it was not brought by an insolvent company within the jursdiction did not fall within the jurisdictional gateways under paragraph 3.1 CPR PD 6B.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Ashfords LLP, Insolvency Act 1986 (UK), Companies Act 1985 (UK), High Court of Justice
    Authors:
    Iona Jones , Alan Bennett
    Location:
    United Kingdom
    Firm:
    Ashfords LLP

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