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    Interpreting COMI under the UNCITRAL Model Law
    2009-10-21

    Re Stanford International Bank Limited and others [2009] EWHC 1441 (Ch) provides answers to key questions on the UNCITRAL Model Law on cross-border insolvency. What will courts recognise as a “foreign proceeding”? What types of insolvency practitioners will qualify as “foreign representatives”? Is a company’s “centre of main interests” (COMI) always in the country of its registered office? Linda Ralli considers the practical implications for banks which have lent to foreign companies where they are looking to enforce in England.

    Facts

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Dentons, Marketing, Legal burden of proof, Liquidation, Liquidator (law), Debt restructuring, UNCITRAL, High Court of Justice
    Location:
    United Kingdom
    Firm:
    Dentons
    Airline insolvency and repossession - United Kingdom
    2020-12-04

    What are the principal types of insolvency proceedings?

    Filed under:
    United Kingdom, England & Wales, Aviation, Insolvency & Restructuring, Dentons
    Authors:
    Alexander Hewitt , Nick Chandler , Luci Mitchell-Fry , Stephen Temple
    Location:
    United Kingdom
    Firm:
    Dentons
    COVID-19: Companies facing financial challenges - Top 10 tips for UK boards
    2020-06-29

    The Corporate Insolvency and Governance Act 2020 introduces a temporary, retrospective suspension of the directors' personal financial liability for wrongful trading from 1 March 2020 until 30 September 2020. This is not a blanket defence to a breach of duty by directors, since the directors' general duties to act in the best interests of the company (or, on insolvency, its creditors),will continue to apply.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Dentons, Corporate governance, Coronavirus
    Authors:
    Tessa Blank , Neil Griffiths , Luci Mitchell-Fry , Ian Fox , Celia Hayward , Richard Pallot-Cook
    Location:
    United Kingdom
    Firm:
    Dentons
    Ascertaining fair market value for "repo" trades under GMRA standard terms
    2018-04-23

    In the recent decision in LBI EHF v. Raiffeisen Bank International AG [2018] EWCA Civ 719, the Court of Appeal has considered the close-out valuation provisions for "repo" trades entered into under a Global Master Repurchase Agreement (2000 edition). The court refused to limit the wide discretion given to a non-defaulting party to determine fair market value under the GMRA.

    The factual background

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Litigation, Dentons, Court of Appeal (England and Wales)
    Location:
    United Kingdom
    Firm:
    Dentons
    The Great Brexit Debate
    2016-04-01

    The Great Brexit Debate dentons.com Introduction The UK is now counting down to the 23 June 2016 referendum on whether to stay in or leave the European Union. Dentons summarises the background to this momentous choice, and takes a deeper look at some of the legal issues involved in some key areas that would be impacted by a vote to leave the EU.

    Filed under:
    European Union, United Kingdom, Banking, Capital Markets, Competition & Antitrust, Construction, Corporate Finance/M&A, Employment & Labor, Energy & Natural Resources, Environment & Climate Change, Insolvency & Restructuring, Insurance, Intellectual Property, IT & Data Protection, Projects & Procurement, Public, Real Estate, Tax, Trade & Customs, Dentons
    Location:
    European Union, United Kingdom
    Firm:
    Dentons
    Financial Regulatory Developments 30 May - City of London Law Society (CLLS)
    2014-05-30

    CLLS responds on bail-in: CLLS' financial and insolvency law committees have responded to Treasury's consultation on the implementation of bail-in powers. CLLS feels it would have been better for the Financial Services (Banking Reform) Act 2013 and relevant secondary legislation to have been promulgated only once the EU Bank Recovery and Resolution Directive (BRRD) was final. However, it appears the UK Government does not want to wait until January 2016 to apply bail-in requirements and so is proceeding ahead of the EU timetable.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Dentons
    Location:
    United Kingdom
    Firm:
    Dentons
    BBA publishes recovery and resolution paper
    2012-08-31

    BBA has published a briefing paper setting out its position on the Commission’s proposal for a bank recovery and resolution directive. It suggests that certain powers, such as appointing a Special Manager or requiring a plan for debt restructuring, are more akin to resolution tools and should not be used until the firm has reached its point of non-viability. This also applies to the bail-in tool, which cannot be used as the first or default option.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Dentons
    Authors:
    Andrew Barber
    Location:
    United Kingdom
    Firm:
    Dentons
    FSA consults on RDR accreditation and charging
    2011-11-18

    FSA has published three consultation papers on the Retail Distribution Review (RDR). The papers cover:

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Dentons, FSA
    Authors:
    Dominic Gilmore , Josie Day
    Location:
    United Kingdom
    Firm:
    Dentons
    UK Determinations Panel gives reasons for imposing financial support directions on six Lehman companies
    2010-10-08

    The Determinations Panel gave its reasons for imposing financial support directions (FSDs) on six Lehman Brothers companies on 29 September 2009. SNR Denton represented 22 of the 44 companies targeted for FSDs. The Determinations Panel accepted our submission that it would not be reasonable to impose an FSD on any of the companies we represented because of the Pensions Regulator's failure to particularise its case against them.

    Background

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Dentons, Debt, Holding company, Judicial review, Defined benefit pension plan, Parent company, The Pensions Regulator, Lehman Brothers, Trustee
    Authors:
    Alan Jarvis , Elmer Doonan , Andrew Patten
    Location:
    United Kingdom
    Firm:
    Dentons
    FSA supports SIPP winding-up
    2009-10-16

    FSA supported HMRC in its action to wind up The Freedom SIPP, a SIPP operator. It believed this was appropriate to fulfil its consumer protection objective.

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Dentons, Consumer protection, Liquidation, HM Revenue and Customs (UK)
    Location:
    United Kingdom
    Firm:
    Dentons

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