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    John Doyle Construction Ltd v Erith Contractors Ltd - Insolvency and Adjudication continued
    2021-10-12

    The case of John Doyle Construction Ltd v Erith Contractors Ltd [2021] EWCA Civ 1452 (07 October 2021) saw the Court of Appeal re-explore the conflict between the adjudication process and insolvency following the Supreme Court decision ofBresco Electrical Services Ltd v Michael J Lonsdale Ltd.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Beale & Co, UK Supreme Court
    Authors:
    James Vernon , Daniela Miklova
    Location:
    United Kingdom
    Firm:
    Beale & Co
    Payment Orders - Latest updates and best practice for creditors pursuing simple debts
    2021-10-13

    Payment Orders were originally introduced in the CPC as a fast track route for creditors holding a financial instrument, such as a letter of credit or cheque, to obtain judgment against their debtor for what is a simple and indisputable debt. Payment Orders were rarely issued by the onshore UAE courts. In 2018, Cabinet Resolution No 57 of 2018 (the “2018 Cabinet Resolution”) significantly expanded the scope of application of Payment Orders by extending them to all admitted debts rather than simply those arising out of financial instruments only.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Watson Farley & Williams
    Authors:
    Charlotte Bijlani , Soraya Corm-Bakhos , Thomas Whitfield
    Location:
    United Kingdom
    Firm:
    Watson Farley & Williams
    Caffè Nero CVA challenge dismissed
    2021-10-11

    On 29 September 2021 the High Court dismissed a challenge to Caffè Nero’s 2020 CVA brought by one of its landlords, Ronald Young. Young asserted that the CVA was unfairly prejudicial and subject to material irregularities (thereby engaging both grounds of challenge under s.6 of the Insolvency Act 1986), and that the CVA nominees and company directors had breached their duties by failing to adjourn or postpone voting on the CVA upon receipt of a late-in-the-day offer for the Caffè Nero group.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, A&O Shearman, Company voluntary arrangement, Insolvency Act 1986 (UK), High Court judge (England and Wales), High Court of Justice (England & Wales)
    Authors:
    Tom McKay , Alexander Wood
    Location:
    United Kingdom
    Firm:
    A&O Shearman
    Skye Assets Fund SPC - Pressing The Pause Button On A Voluntary Liquidation
    2021-10-12

    Where a shareholder has redeemed his shareholding following a failed investment without objection some months prior to the initiation of a voluntary liquidation, the Court will not permit him to use the statutory deferral provisions relating to voluntary liquidations for an abusive or improper purpose. This includes using such proceedings as leverage to exert undue pressure in proposed claims against the company or directors.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Walkers, Shareholder, Board of directors, Liquidation, Investment funds, Liquidator (law), Companies Act, Companies Act 2006 (UK)
    Authors:
    Daniel Hayward-Hughes , Tim Buckley , Matthew Cowman , Andy Randall , John Rogers , Daniel Wood
    Location:
    United Kingdom
    Firm:
    Walkers
    Temporary insolvency practice direction provides certainty about administration appointments
    2021-10-08

    Throughout the pandemic we have seen a succession of temporary practice directions, enabling practitioners to deal with the swearing of notices of intention (NOI) and notices of appointment (NOA) of administrators remotely, as well as answering a question which the judiciary had grappled with several times – when does a notice of intention or notice of appointment come into effect if filed outside of court hours?

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Coronavirus
    Authors:
    Rachael Markham
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    Placing an Australian company into voluntary administration: what opinion must the appointing directors hold?
    2021-10-10

    In Australia, s 436A of the Corporations Act 2001 (Cth) (Act) provides for the circumstances in which a company may appoint a voluntary administrator. This provision requires the company’s board to resolve that: (a) in the opinion of the directors voting for the resolution, the company is insolvent, or is likely to become insolvent at some future time; and (b) an administrator of the company should be appointed.

    Filed under:
    Australia, Hong Kong, Singapore, United Kingdom, USA, Company & Commercial, Insolvency & Restructuring, Litigation, Ironbridge Legal, Dispute resolution, Debt restructuring, Company voluntary arrangement, Litigation, Pre-pack, Restructuring of multinational corporate groups, Cross-border insolvency, Australian Securities and Investments Commission, Corporations Act 2001 (Australia)
    Authors:
    Trevor Withane
    Location:
    Australia, Hong Kong, Singapore, United Kingdom, USA
    Firm:
    Ironbridge Legal
    Phoenix companies and prohibited names - directors beware
    2021-10-11

    The use of a company name which is the same or similar to the name of an insolvent company is fraught with complications. 

    Were you at any stage involved in a company which went into liquidation or administration? Are you now involved in another business with the same or a similar name? If so, you could inadvertently have fallen foul of the criminal and civil liability under Section 216 of the Insolvency Act 1986. Joseph Miller explains the pitfalls of this complicated and often overlooked area of insolvency law.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Keystone Law, Board of directors, Liquidation, Insolvency Act 1986 (UK)
    Authors:
    Joseph Miller
    Location:
    United Kingdom
    Firm:
    Keystone Law
    Administration of NMCN PLC
    2021-10-06

    According to press reports, utilities contractor NMCN (formerly North Midland Construction) plc and its subsidiary NMCN Sustainable Solutions Limited, have gone into administration.

    Administration is the procedure by which a company that is, or is likely to become, insolvent can be reorganised or have its assets realised for the benefit of creditors. The primary aim of an administration is to rescue the company so that it can continue to trade as a going concern. If this is not possible, a company may go into administration for two other purposes:

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Beale & Co
    Authors:
    James Hutchinson
    Location:
    United Kingdom
    Firm:
    Beale & Co
    John Doyle Construction in the Court of Appeal: enforcing adjudication is all a matter of (net) balance for companies in liquidation...
    2021-10-08

    Judgment was given by the Court of Appeal yesterday (7th October) in John Doyle Construction Limited (In Liquidation) v Erith Contractors Limited. This important case considered the relationship between adjudication and insolvency proceedings in the context of applications to enforce an adjudicator's decision. The underlying contract between JDC and Erith had related to hard landscaping works at the London Olympic park in Stratford.

    Filed under:
    United Kingdom, Construction, Insolvency & Restructuring, Litigation, Charles Russell Speechlys, UK Supreme Court
    Authors:
    David Savage
    Location:
    United Kingdom
    Firm:
    Charles Russell Speechlys
    Proposal forms - risk of waiver of material information
    2021-10-05

    The High Court has set out the principles that apply to the construction of questions in an insurer’s automated online underwriting system and the circumstances in which an insurer’s questions may lead to waiver of the right to be told about certain information. In this case, the Court considered the construction and scope of the insurer’s standard question concerning previous insolvencies, and held that the wording used waived the insurer’s right to be told about other insolvency events not caught by the question.

    Background

    Filed under:
    United Kingdom, Insolvency & Restructuring, Insurance, Litigation, CMS Cameron McKenna Nabarro Olswang LLP, UK Supreme Court
    Authors:
    Sarah Day , Monica Lesny , Alaina Wadsworth
    Location:
    United Kingdom
    Firm:
    CMS Cameron McKenna Nabarro Olswang LLP

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