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    Enforcing orders made in foreign insolvency proceedings
    2012-10-24

    This article sets out the potential impact in the BVI and Cayman of the much anticipated Supreme Court decision in Rubin v. Eurofinance SA [2012] UKSC 46, which was handed down on 24 October 2012. Rubin deals with the issue of whether orders made in Chapter 11 bankruptcy proceedings in the United States can be enforced as judgments of the English Courts.

    COMPETING SETS OF RULES AND PRINCIPLES

    Filed under:
    British Virgin Islands, Cayman Islands, United Kingdom, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, Harneys, Conflict of laws, In rem jurisdiction
    Location:
    British Virgin Islands, Cayman Islands, United Kingdom
    Firm:
    Harneys
    Bulgarian creditors of Thomas Cook - what’s next?
    2019-09-30

    Last week, one of the largest tour operators and package tour operators in the world shut down – Thomas Cook. On September 23, 2019, the UK Supreme Court appointed an Official Receiver, a figure similar to the insolvency receiver in Bulgaria, who takes over the “management” of dozens of Thomas Cook Group companies and appoints consulting firms AlixPartners and KPMG to support the process.

    Filed under:
    Bulgaria, United Kingdom, Company & Commercial, Insolvency & Restructuring, Leisure & Tourism, Tocheva & Mandazhieva Law Office, Brexit, UK Supreme Court
    Authors:
    Stanimira Hristova , Ivana Bliznakova
    Location:
    Bulgaria, United Kingdom
    Firm:
    Tocheva & Mandazhieva Law Office
    Finding the centre: COMI in a multi-jurisdictional world
    2009-09-30

    The facts behind Mr. Justice Lewison’s recent judgment in Stanford (STANFORD INTERNATIONAL BANK LIMITED [2009] EWHC 1441 (Ch)) have no direct connection with either the British Virgin or Cayman Islands but lawyers there do have particular reason to note the more general principles around the seemingly vexed but important issue of COMI in the context of multi-jurisdictional insolvency.

    Filed under:
    British Virgin Islands, Cayman Islands, United Kingdom, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, Harneys, Debtor, Interest, Legal burden of proof, Uniform Act, High Court of Justice (England & Wales)
    Authors:
    Peter Tarn
    Location:
    British Virgin Islands, Cayman Islands, United Kingdom
    Firm:
    Harneys
    The syncreon Group: Landmark Case Recognizes English Schemes of Arrangements in Canada
    2019-11-14

    In October 2019, syncreon Group Holdings B.V. and its subsidiaries (collectively, the syncreon Group) completed a landmark cross-border balance sheet restructuring of approximately US$1.1-billion of debt. The syncreon Group’s restructuring is believed to be the first time that English scheme of arrangement proceedings have been used to restructure debt issued by a U.S.-based multinational enterprise (Scheme Proceedings).

    Filed under:
    Canada, United Kingdom, Insolvency & Restructuring, Litigation, Blake, Cassels & Graydon LLP, US Congress
    Authors:
    Linc Rogers , Caitlin McIntyre
    Location:
    Canada, United Kingdom
    Firm:
    Blake, Cassels & Graydon LLP
    Supreme Court May Consider Enforceability of Liquidated Damages
    2019-10-04

    On July 11, 2019, the Supreme Court of Canada (the SCC) granted leave to appeal from the Alberta Court of Appeal's decision in Capital Steel Inc v Chandos Construction Ltd, 2019 ABCA 32 [Chandos].

    Filed under:
    Canada, United Kingdom, Construction, Insolvency & Restructuring, Litigation, Bennett Jones LLP, House of Lords
    Authors:
    Brian P. Reid
    Location:
    Canada, United Kingdom
    Firm:
    Bennett Jones LLP
    Galantis v Alexiou: No Oppression after Dissolution
    2019-04-18

    In Galantis v Alexious, [2019] UKPC 15 the Privy Council concluded that the oppression remedy existing under the Bahamian Companies Act cannot be invoked after the dissolution of a company, with respect to oppressive conduct by directors that occurred before the dissolution of the company.

    Filed under:
    Canada, United Kingdom, Quebec, Company & Commercial, Insolvency & Restructuring, Litigation, McCarthy Tétrault LLP, Corporations Act 2001 (Australia)
    Authors:
    Richard Lizius
    Location:
    Canada, United Kingdom
    Firm:
    McCarthy Tétrault LLP
    Insolvency in construction: Looking ahead and minimising risks
    2018-05-14

    In the final part of this series, we look at how you can protect your position and be prepared in the event of an impending insolvency.

    Thinking ahead

    It is always prudent to assess insolvency risk before finalising a contract. The trading history and financial position of a company should be carefully reviewed and a financial risk assessment made at both the outset and during the lifetime of a project. Obtain an up to date set of accounts and a credit report before entering into your contract to enable you to assess the counterparty's financial viability.

    Filed under:
    Canada, United Kingdom, Construction, Insolvency & Restructuring, Projects & Procurement, Gowling WLG
    Authors:
    Sue Ryan , Pippa Hill , Lindsay Hammond , Catherine Phillips , Stephan Smoktunowicz
    Location:
    Canada, United Kingdom
    Firm:
    Gowling WLG
    Insolvency Litigation: recent cases and issues - May 2018
    2018-05-16

    In our update this month we take a look at some of the recent cases that will be of interest to those involved in insolvency litigation. These include;

    Filed under:
    Canada, United Kingdom, Insolvency & Restructuring, Gowling WLG
    Location:
    Canada, United Kingdom
    Firm:
    Gowling WLG
    Insolvency Litigation Update - December 2017
    2017-12-14

    In our update this month we take a look at three cases that provide helpful clarification from the courts on issues that will be of interest to the insolvency and fraud industry - the key message from each case confirms:

    Defendant's threat of insolvency did not prevent adjudicator's decision being enforced.

    Filed under:
    Canada, United Kingdom, Scotland, Insolvency & Restructuring, Legal Practice, Litigation, Gowling WLG, Debt, Companies House
    Authors:
    Alex Jay , Kanika Kitchlu-Connolly , Ian Weatherall
    Location:
    Canada, United Kingdom
    Firm:
    Gowling WLG
    Finance litigation: the latest cases and issues in May 2017
    2017-06-01

    This month we review the court's view on open ended suspension of discharge from bankruptcy and the difficulty of 'substituting' a defendant in proceedings where the relevant limitation period has expired:

    Suspension of discharge from bankruptcy should not be open ended

    The High Court has held that only in the most serious cases of non-co-operation should a discharge from bankruptcy be suspended otherwise than on a specified period or condition basis.

    Filed under:
    Canada, United Kingdom, Insolvency & Restructuring, Legal Practice, Litigation, Professional Negligence, Gowling WLG, Bankruptcy, Statute of limitations, Insolvency Act 1986 (UK)
    Authors:
    Ian Weatherall
    Location:
    Canada, United Kingdom
    Firm:
    Gowling WLG

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