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    High Court holds s.236(3) of the Insolvency Act 1986 does not have extra-territorial effect, except where the EU Insolvency Regulation applies
    2020-06-23

    The High Court has held that s.236 of the Insolvency Act 1986 (“IA 1986”) does not have extra-territorial effect, so that the court is not generally permitted to make an order requiring a person outside the UK to produce books and papers and give an account of their dealings with an insolvent company: Re Akkurate Ltd (in Liquidation) [2020] EWHC 1433 (Ch).

    Filed under:
    European Union, Global, United Kingdom, Insolvency & Restructuring, Litigation, Public, Herbert Smith Freehills LLP, Brexit, UNCITRAL, Court of Justice of the European Union
    Authors:
    Natasha Johnson , Andrew Cooke
    Location:
    European Union, Global, United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    Managing Contractor Insolvency: A Legal and Practical Guide
    2019-10-23

    One of the biggest risks faced by an employer in a construction project is the impact of the main contractor becoming insolvent, particularly in the current economic climate where it has become clear that main contractors are not regarded as being “too big to fail”.

    Filed under:
    United Kingdom, Construction, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP, Technology and Construction Court
    Location:
    United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    Failing Financial Institutions: How Will Brexit Impact Cross-Border Cooperation In Recovery, Reconstruction and Insolvency Processes?
    2018-02-15

    This paper addresses the issues for international recognition of reconstruction and insolvency proceedings affecting international banks raised by the United Kingdom’s decision to leave the European Union, and considers what the United Kingdom and the European Union and its member states could do to address the potential loss of recognition and cooperation, as well as possible wider international initiatives. The relation of this issue to the World Trade Organization’s General Agreement on Trade in Services is also considered.

    Filed under:
    European Union, United Kingdom, Banking, Insolvency & Restructuring, Public, Herbert Smith Freehills LLP, Brexit
    Location:
    European Union, United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    Court of Appeal finds trustees in bankruptcy could not waive bankrupt’s privilege
    2016-12-06

    In a recent judgment, the Court of Appeal has held that trustees in bankruptcy could not waive legal professional privilege of a bankrupt, even though (i) the trustees in bankruptcy were entitled to take possession of the documents in which the privileged information was contained and (ii) the Insolvency Act 1986 provides generally that trustees in bankruptcy can exercise any power in respect of a bankrupt's property that the bankrupt himself could have exercised: Avonwick Holdings

    Filed under:
    United Kingdom, Insolvency & Restructuring, Legal Practice, Litigation, Herbert Smith Freehills LLP, Court of Appeal of England & Wales
    Authors:
    Andrew Cooke
    Location:
    United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    The English High Court finds that arbitration clause “trumps” Insolvency Rules
    2015-04-30

    The case of Philpott & Orton v Lycee Francais Charles De Gaulle Schoolserves as a welcome reminder that the English court will strictly enforce agreements to arbitrate by ordering a mandatory stay of court proceedings, even in contexts where court procedures may traditionally apply.

    Filed under:
    United Kingdom, Arbitration & ADR, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP, Arbitration clause
    Authors:
    Craig Tevendale , Elizabeth Kantor
    Location:
    United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    Storm warnings - Will stagflation herald a new wave of corporate failures?
    2022-07-01

    With inflationary pressures and battered supply chains plaguing business, the debate has resumed over how long struggling firms can put off restructuring

    With governments winding down Covid-19 support, supply chains buckling under multiple disruptions, growth stalling and high inflation taking hold, it is unsurprising that businesses are feeling the pressure at 2022's halfway mark. The worsening climate recently prompted JPMorgan Chase chief executive Jamie Dimon to warn investors of an incoming economic "hurricane".

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Herbert Smith Freehills LLP, Supply chain, Coronavirus, Bank of England
    Location:
    United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    Impact of Brexit on applicable law in cross-border insolvencies
    2021-02-25

    From 31 December 2020, the European Regulation on Insolvency Proceedings (the “EIR”) ceased to apply in the UK. As a result:

    Filed under:
    European Union, United Kingdom, Insolvency & Restructuring, Public, Herbert Smith Freehills LLP, Brexit, UNCITRAL
    Authors:
    John Whiteoak , Kevin Pullen , John Chetwood , Andrew Cooke
    Location:
    European Union, United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    Insolvency Bill will “seriously weaken” position of DB schemes and the PPF warn peers
    2020-06-17

    The detrimental impact of the Corporate Insolvency and Governance Bill on defined benefit (DB) pension schemes and the Pension Protection Fund (PPF) has been highlighted forcefully by peers in the first sitting of the Committee stage in the House of Lords, which took place yesterday. The leading statements made by peers, together with the Government’s response from Lord Callanan can be found below.

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP, Fourth Amendment, Coronavirus
    Authors:
    Tim Smith
    Location:
    United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    Re-Assessing Directors' Liability for Unlawful Dividends
    2019-10-07

    Revisiting over 150 years of case law, the High Court has resolved a question on which both the courts and textbooks had given conflicting answers: is a director's liability for payment of a dividend which is unlawful as a result of incorrect accounts fault-based or strict?

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP, Companies Act 2006 (UK), Insolvency Act 1986 (UK)
    Authors:
    John Whiteoak , Natasha Johnson , Andrew Cooke
    Location:
    United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    FINANCE YEAR REVIEW 2017
    2018-02-02

    FINANCE YEAR REVIEW 2017

    The biggest news for the loan market in 2017 was the announcement by Andrew Bailey of the FCA that LIBOR may cease to exist beyond 2021. In this briefing, we discuss this and other key legal developments in banking from 2017, and also highlight a few issues to look out for in 2018 and beyond.

    1. Key Banking Developments in 2017

    2 FEBRUARY 2018

    London

    Contents

    1. Key Banking Developments in 2017

    1

    The potential discontinuation of LIBOR

    Filed under:
    European Union, United Kingdom, Banking, Derivatives, Insolvency & Restructuring, Litigation, Public, White Collar Crime, Herbert Smith Freehills LLP, Brexit, Libor
    Location:
    European Union, United Kingdom
    Firm:
    Herbert Smith Freehills LLP

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