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    Liquidator’s firm ordered to pay costs of insolvent company’s unsuccessful litigation
    2019-11-21

    The High Court has ordered a liquidator’s firm to pay a proportion of the costs incurred by successful defendants following judgment in proceedings commenced by a claimant company in liquidation.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP
    Authors:
    Natasha Johnson , Andrew Cooke
    Location:
    United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    Court of Appeal confirms wide discretion afforded to a non-Defaulting Party when determining "fair market value" of securities under the GMRA (2000 version)
    2018-04-26

    The recent Court of Appeal decision inLBI EHF v Raiffeisen Bank International AG [2018] EWCA Civ 719 affirms the wide discretion of the non-Defaulting Party to determine "fair market value" in accordance with the close-out mechanism under paragraph 10(e)(ii) of the standard Global Master Repurchase Agreement (2000 version) ("GMRA").

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP, Lehman Brothers, Court of Appeal (England and Wales)
    Authors:
    Ceri Morgan
    Location:
    United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    BREXIT: charting a new course
    2017-02-21

    If 2016 ended with more questions than answers as to how Brexit would take shape, 2017 began with at least a little more clarity.

    Filed under:
    European Union, Global, OECD, United Kingdom, USA, Arbitration & ADR, Aviation, Banking, Capital Markets, Company & Commercial, Competition & Antitrust, Employee Benefits & Pensions, Employment & Labor, Energy & Natural Resources, Environment & Climate Change, Immigration, Insolvency & Restructuring, Insurance, Intellectual Property, IT & Data Protection, Public, Real Estate, Tax, Telecoms, Herbert Smith Freehills LLP, Brexit, Internal market, EEA, UK Supreme Court
    Location:
    European Union, Global, OECD, United Kingdom, USA
    Firm:
    Herbert Smith Freehills LLP
    UK exit from the EU: sector by sector - restructuring and insolvency
    2015-07-23

    The Insolvency Regulation aims to establish procedural rules on jurisdiction and applicable law in relation to insolvency proceedings, and to aid the mutual recognition of cross-border insolvency proceedings in EU Member States. It is intended to deter parties from forum shopping within the EU in relation to insolvency proceedings. However it does not seek to harmonize substantive insolvency law.

    Filed under:
    European Union, United Kingdom, Insolvency & Restructuring, Herbert Smith Freehills LLP, Conflict of laws
    Authors:
    Laurence Elliott
    Location:
    European Union, United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    Court of Appeal overturns decision that suggested damages might be calculated differently where claimant is hopelessly insolvent
    2021-04-26

    The Court of Appeal has struck out Quincecare duty and dishonest assistance claims brought by the liquidators of a company operating a Ponzi scheme against a correspondent bank that operated various accounts for the company.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP
    Location:
    United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    Pressure points: Trustees beware - Changes to UK insolvency regime are now in force
    2020-07-02

    The Corporate Insolvency and Governance Act 2020 received Royal Assent and is now in force.

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP, Coronavirus
    Authors:
    John Whiteoak
    Location:
    United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    Liquidator's firm ordered to pay costs of insolvent company's unsuccessful litigation
    2019-11-21

    The High Court has ordered a liquidator's firm to pay a proportion of the costs incurred by successful defendants following judgment in proceedings commenced by a claimant company in liquidation.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP
    Authors:
    Natasha Johnson , Andrew Cooke
    Location:
    United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    High Court clarifies calculation of Close-out Amount under 2002 ISDA Master Agreement
    2018-03-22

    Lehman Brothers Special Financing Inc. v National Power Corporation & Anor [2018] EWHC 487 (Comm) is a significant case on the calculation of Close-out Amount under the 2002 ISDA Master Agreement.  

    Two important points of principle arise from this judgment, which will have general application to transactions governed by the 2002 ISDA Master Agreement:  

    Filed under:
    United Kingdom, USA, Derivatives, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP
    Authors:
    Harry Edwards , Ceri Morgan , Nihar Lovell
    Location:
    United Kingdom, USA
    Firm:
    Herbert Smith Freehills LLP
    Brexit: Restructuring and Insolvency
    2017-02-16

    Issues will arise upon a UK exit in relation to restructuring tools such as schemes of arrangement and in relation to insolvency processes; there are also special EU insolvency rules for financial institutions which will be affected. Finally there are elements of EU financial services laws which impinge on insolvencies and remove uncertainties, such as settlement finality and financial collateral.

    Filed under:
    European Union, United Kingdom, Banking, Insolvency & Restructuring, Public, Herbert Smith Freehills LLP, Direct effect of EU law
    Authors:
    Kristen Roberts
    Location:
    European Union, United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    The BoE approach to Solvency II
    2015-07-16

    A speechby Sam Woods of the Bank of England (BoE) says a lot about its approach to Solvency II and leaves a lot more unsaid.

    Woods said that he wanted to dispel two myths:

    Filed under:
    United Kingdom, Insolvency & Restructuring, Herbert Smith Freehills LLP, Solvency II Directive (2009/138/EU)
    Location:
    United Kingdom
    Firm:
    Herbert Smith Freehills LLP

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