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    Insolvency & restructuring newsletter
    2021-11-11

    The New Zealand economy has weathered the COVID-19 pandemic better than many commentators predicted in April last year, in part due to the significant economic stimulus from the government, coupled with record high house prices and rock bottom interest rates. This is reflected in RITANZ's latest formal insolvency statistics, which show record low liquidation application numbers for September 2021 compared to the three previous years.

    Filed under:
    New Zealand, United Kingdom, Insolvency & Restructuring, Litigation, Buddle Findlay, Coronavirus
    Location:
    New Zealand, United Kingdom
    Firm:
    Buddle Findlay
    Creditors' compromise Part 2: the view of the High Court of England and Wales
    2018-08-24

    The High Court in England was asked to consider sanctioning a scheme of arrangement between Lehman Brothers International (Europe) (in administration) (LBIE) and certain of its creditors pursuant to Part 26 Companies Act 2006 (the equivalent of Part 15 Companies Act 1993).  This case was one of a number of proceedings involving the Lehman Brothers administration, many of which cases have reached the Supreme Court (see our earlier reports on 

    Filed under:
    United Kingdom, Insolvency & Restructuring, Buddle Findlay, Lehman Brothers, High Court of Justice
    Authors:
    David Broadmore , David Perry , Jan Etwell , Kelly Paterson , Scott Abel , Scott Barker , Susan Rowe , Willie Palmer , Peter Niven , Bridie McKinnon , Matthew Triggs , Myles O'Brien , Oliver Gascoigne
    Location:
    United Kingdom
    Firm:
    Buddle Findlay
    Liquidator not personally liable for costs
    2017-03-20

    In Fielding v The Burnden Group Limited (BGL) the English High Court dismissed an application for the liquidator to be held personally liable for the costs of a successful appeal against the rejection of a proof of debt.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Buddle Findlay, Liquidation, Default (finance), Liquidator (law), High Court of Justice
    Authors:
    Matthew Triggs , Peter Niven , Myles O'Brien , Bridie McKinnon , Kelly Paterson , Scott Abel , David Perry , Susan Rowe , David Broadmore , Scott Barker , Jan Etwell , Willie Palmer
    Location:
    United Kingdom
    Firm:
    Buddle Findlay
    "A profession without shame": struggling UK firms reach a new low
    2013-12-13

    Frustration amongst creditors of struggling UK law firms continues to grow.  Administrators of Challinors have concluded that the partnership's unsecured creditors, owed approximately £7.1m, are likely to receive nothing.  Meanwhile the Solicitors Regulation Authority (SRA) has advised 141 firms that they must prepare to shut-down following their failure to obtain professional indemnity cover.  These firms are currently in the middle of a 60 day cessation period during which they may remain in business, but cannot accept any new instructions.  While some have blamed the

    Filed under:
    United Kingdom, Insolvency & Restructuring, Legal Practice, Buddle Findlay
    Authors:
    David Perry , Scott Barker , Willie Palmer
    Location:
    United Kingdom
    Firm:
    Buddle Findlay
    Enforcing insolvency proceedings in the UK - no more liberal rule
    2012-12-20

    Further to our October 2011 update, the UK Supreme Court has released its decision in respect of the New Cap Reinsurance and Rubin appeals.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Buddle Findlay
    Authors:
    David Perry , Scott Barker , Willie Palmer
    Location:
    United Kingdom
    Firm:
    Buddle Findlay
    English High Court confirms court can stay liquidation proceedings to allow arbitration to proceed
    2020-09-07

    The English High Court in Telnic Ltd v Knipp Medien Und Kommunikation GmbH [2020] EWHC 2075 (Ch) has confirmed that the court has discretion to restrain a winding-up petition against debtor's when the debt is governed by an arbitration agreement.

    Knipp Medien Und Kommunikation GmbH (Knipp) appealed against an order to stay its winding-up petition against Telnic Limited (Telnic). Telnic also brought a cross-appeal seeking orders that Knipp's petition be dismissed rather than stayed.

    Filed under:
    United Kingdom, Arbitration & ADR, Insolvency & Restructuring, Litigation, Buddle Findlay, Coronavirus
    Authors:
    Bridie McKinnon , Oliver Gascoigne , Matthew Triggs , Myles O'Brien , Annie Cao , Luke Sizer , Peter Niven , David Perry , Scott Abel , Kelly Paterson , Scott Barker , Willie Palmer , Jan Etwell , David Broadmore
    Location:
    United Kingdom
    Firm:
    Buddle Findlay
    Challenging an administrators' resolution to auction causes of action
    2018-08-24

    Meem SL Limited was an unsuccessful start-up company in the United Kingdom.  The board resolved to put the company into administration and sell the business to a company owned by the directors.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Buddle Findlay, Start-up company, Insolvency Act 1986 (UK)
    Authors:
    David Broadmore , David Perry , Jan Etwell , Kelly Paterson , Scott Abel , Scott Barker , Susan Rowe , Willie Palmer , Peter Niven , Bridie McKinnon , Matthew Triggs , Myles O'Brien , Oliver Gascoigne
    Location:
    United Kingdom
    Firm:
    Buddle Findlay
    Nortel Developments
    2016-12-13

    The latest development in what has been a long-running (and expensive) cross-border insolvency proceeding involving Nortel (see our June 2015 and September 2015 legal updates for previous instalments) is a settlement between:

    Filed under:
    Global, United Kingdom, Insolvency & Restructuring, Litigation, Buddle Findlay, High Court of Justice
    Authors:
    Bridie McKinnon , Susan Rowe , Myles O'Brien , Peter Niven , David Perry , Willie Palmer , Scott Abel , Kelly Paterson , Jan Etwell , Scott Barker
    Location:
    Global, United Kingdom
    Firm:
    Buddle Findlay
    Setting aside transactions: the good faith defence
    2013-12-13

    In Madsen-Ries v Rapid Construction Ltd [2013] NZCA 489, the Court of Appeal considered an appeal concerning a liquidator's attempt to have a payment set aside. 

    Filed under:
    Australia, New Zealand, United Kingdom, Banking, Insolvency & Restructuring, Litigation, Buddle Findlay, Good faith, High Court of Australia
    Authors:
    David Perry , Scott Barker , Willie Palmer
    Location:
    Australia, New Zealand, United Kingdom
    Firm:
    Buddle Findlay
    Payday for innocent trustee
    2012-12-20

    The High Court of England and Wales has recently grappled with a lacuna in United Kingdom bankruptcy law, namely how the expenses of a trustee in bankruptcy should be dealt with where the bankruptcy order from which he derives his title is successfully overturned on an appeal of which he was not notified? The Court ultimately found that it was within its inherent jurisdiction to hold the bankrupt liable to pay the trustee's reasonable expenses. However the case highlights the gap in the United Kingdom's bankruptcy laws in failing to provide adequate guidelines in this scenario.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Buddle Findlay, Bankruptcy
    Authors:
    David Perry , Scott Barker , Willie Palmer
    Location:
    United Kingdom
    Firm:
    Buddle Findlay

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