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    Governance: Corporate Insolvency and Governance Act 2020: Impact on Airline Insolvency (UK)
    2020-09-16

    In July 2019, we published a briefing on the recommendations proposed by the Airline Insolvency Review’s final report,1 which was commissioned by the UK Government to assess the existing protections available to passengers in the event of a future airline insolvency and make recommendations to ensure taxpayers no longer foot the repatriation bill.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Herbert Smith Freehills LLP, Coronavirus, Cape Town Convention
    Authors:
    John Chetwood
    Location:
    United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    COVID-19: Governance: Corporate Insolvency and Governance Bill - major insolvency reforms proposed (UK)
    2020-05-21

    The Government on 20 May 2020 published the Corporate Insolvency and Governance Bill, which contains the most far-reaching reforms to UK insolvency law in over 30 years. The Bill has been introduced on an emergency basis in an attempt to ensure that otherwise financially viable companies survive during a period of unprecedented interruption and turmoil.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Herbert Smith Freehills LLP, Coronavirus
    Authors:
    John Whiteoak , Kevin Pullen , Natasha Johnson , John Chetwood
    Location:
    United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    Court of Appeal overturns non-party costs order due to a “failure to warn”
    2018-10-09

    The Court of Appeal has overturned a High Court decision granting a non-party costs order against an insolvent company’s director and majority shareholder. The court cited the claimant’s failure to warn the non-party of its intention to seek such an order as fatal to the application: Sony/ATV Music Publishing LLC v WPMC Ltd (in liquidation) [2018] EWCA Civ 2005.

    Filed under:
    United Kingdom, Copyrights, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP, Court of Appeal of England & Wales
    Location:
    United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    CJEU limits situations in which insolvency laws relating to transaction avoidance may override Parties’ contractual choice of law
    2017-07-14

    In a recent judgment, the Court of Justice of the European Union (CJEU) confirmed the extent to which an English law governed contract can be subject to the transaction avoidance provisions of the insolvency law of other another member state if one of the counterparties enters into insolvency in that member state (eg Italy): Vinyls Italia SpA v Mediterranea di Navigazione SpA C-54/16 (8 June 2017).

    Filed under:
    European Union, Italy, United Kingdom, Insolvency & Restructuring, Litigation, Public, Herbert Smith Freehills LLP, CJEU
    Authors:
    John Whiteoak , Andrew Cooke
    Location:
    European Union, Italy, United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    Court of Appeal rejects illegality defence in claim against liquidator
    2015-11-20

    The Court of Appeal has refused to allow a liquidator of a company that was the vehicle for a VAT fraud to rely on the defence of illegality in defending a claim for breach of duty under section 212 of the Insolvency Act 1986: Top Brands Ltd and others v Sharma (as former liquidator of Mama Milla Ltd) [2015] EWCA Civ 1140.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Tax, White Collar Crime, Herbert Smith Freehills LLP, Fraud, Liquidator (law), Insolvency Act 1986 (UK), Court of Appeal of England & Wales
    Location:
    United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    Court of Appeal finds company in liquidation not prevented from claiming against directors on basis fraud attributable to company
    2013-08-23

    The Court of Appeal has unanimously upheld an order refusing to strike out a claim by a “one-man” company in liquidation, which had been the vehicle for a VAT fraud, against its former directors and overseas suppliers alleged to have been involved in the fraud.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, White Collar Crime, Herbert Smith Freehills LLP, Fraud, Value added tax, Liquidation, HM Revenue and Customs (UK), Court of Appeal of England & Wales
    Authors:
    Tom Henderson
    Location:
    United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    Recognition of UK Part A1 Moratorium process rejected by NSW Supreme Court
    2021-07-21

    In the recent case of Re Hydrodec Group Plc [2021] NSWSC 755 (Hydrodec) the Supreme Court of New South Wales (NSW Supreme Court or Court) rejected an application by a non-operating holding company, Hydrodec Group Plc (the Company), for recognition of its United Kingdom (UK) debtor-in-possession Part A1 moratorium process (Part A1 Moratorium) and relief from a winding up application being made against the Company in Australia.

    Filed under:
    Australia, United Kingdom, USA, New South Wales, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP, Corporations Act 2001 (Australia)
    Authors:
    Paul Apáthy , Angus Dick
    Location:
    Australia, United Kingdom, USA
    Firm:
    Herbert Smith Freehills LLP
    High Court orders expedition to determine issues relating to a financial restructuring given insolvency alternative
    2020-08-11

    The High Court has expedited a trial at which it would be determined whether luxury car manufacturer McLaren Group could obtain the release of certain security for the benefit of its senior noteholders, failing which a financial restructuring which was contingent on that release could not be implemented: McLaren Holdings Ltd v US Bank Trustees Ltd [2020] EWHC 1892 (Ch). The court concluded that, absent determination of the proceedings within one month, McLaren Group would have no choice but to enter an insolvency process and that this justified expedition in this case.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP, Coronavirus
    Authors:
    Andrew Cooke
    Location:
    United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    High Court affirms orthodox application of directors’ no conflict duty in insolvency
    2020-04-21

    The High Court has ruled that directors breached their duties by taking up the company’s business opportunity for their own benefit, even if the company was unable to take up that opportunity by reason of its financial position: Davies v Ford & Ors [2020] EWHC 686.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP, Coronavirus
    Authors:
    Natasha Johnson , Andrew Cooke
    Location:
    United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    Court of Appeal applies rigorous approach to assessing purpose element of claims to set aside transactions defrauding creditors
    2018-08-02

    Despite evidence that a defendant knew he was facing potential proceedings which could bankrupt him, at the time he transferred assets to his son, the Court of Appeal held that this was not sufficient to find that the transfer was made for the purpose of defrauding creditors. Consequently, the transfer could not be unwound under s423 Insolvency Act 1996: JSC BTA Bank v Mukhtar Ablyazov, Madiyar Ablyazov [2018] EWCA Civ 1176.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP
    Authors:
    Andrew Cooke
    Location:
    United Kingdom
    Firm:
    Herbert Smith Freehills LLP

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