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    Industry responds to Treasury informal consultation on segregation and porting
    2012-09-14

    Several industry associations (ISDA, BBA and FOA – the futures and options association) have responded to a Treasury informal consultation on the need to carve out from English insolvency law the porting of clearing clients’ positions and margin. They agree on the need to ensure certainty around the porting option when a clearing member becomes insolvent. EMIR’s porting option should also apply where the clearing member is acting through back-to-back transactions and holds the client’s margin. The associations note that porting should be subject to agreement.

    Filed under:
    United Kingdom, Capital Markets, Derivatives, Insolvency & Restructuring, Dentons, International Swaps and Derivatives Association
    Authors:
    Roy Neillie
    Location:
    United Kingdom
    Firm:
    Dentons
    FSA consults on EMIR portability, client money sub-pools and CASS
    2012-09-14

    FSA has launched a consultation and discussion paper on proposals to bring the Client Assets Sourcebook (CASS) in line with EMIR. More generally, it wants to make CASS client money pooling provisions more flexible and address the problems identified during the Lehman and MF Global insolvencies.

    The proposals cover the following:

    Filed under:
    United Kingdom, Capital Markets, Insolvency & Restructuring, Dentons
    Authors:
    Roy Neillie
    Location:
    United Kingdom
    Firm:
    Dentons
    Two recent cases test legality of consent payments and exit consents under English law
    2012-09-18

    The ongoing global financial crisis has resulted in a number of debt restructuring transactions as a result of companies being unable to meet with their debt obligations. In distressed situations, issuers typically seek investor consent to amend existing terms and conditions, often to relax covenants, reschedule payments, limit events of default and remove restrictions on raising further capital.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Jones Day, Debt, Debt restructuring
    Authors:
    Manoj Bhargava , Karun Cariappa
    Location:
    United Kingdom
    Firm:
    Jones Day
    MF Global UK update
    2012-09-18

    This update highlights developments in the administration of MF Global UK (“MFG”) since our last alert dated 15 June 2012.

    Estimated outcomes

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Davenport Lyons, Unsecured debt
    Authors:
    Robin Henry
    Location:
    United Kingdom
    Firm:
    Davenport Lyons
    Security for costs: protection for defendants from insolvent claimants
    2012-09-19

    When a business is on the receiving end of a claim, it is faced with the prospect of having to incur significant costs to defend the action.

    A defendant in that situation will usually be protected by the general rule that 'the loser pays the winner's costs'.

    This means that if the defendant successfully defends the claim, the defendant can expect to recover a percentage of its costs from the claimant as ordered by the court if not agreed.

    But what if happens if the claimant is unable to pay the defendant's costs?

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Shoosmiths LLP, Debt, Technology and Construction Court
    Authors:
    Ben Zielinski
    Location:
    United Kingdom
    Firm:
    Shoosmiths LLP
    Insolvency and restructuring of employers - issues for trustees of defined benefit pension schemes
    2012-09-20

    HIGHLIGHTS

    The credit crunch caused problems for businesses at the same time as the value of pension scheme assets plunged, adding ballooning defined benefit pension deficits to the woes of struggling companies.

    Company insolvencies, and attempts at restructuring to avoid insolvencies, can have a significant impact on the pension schemes sponsored by those companies. The pensions issues can also act as a significant obstacle to restructuring.

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Hogan Lovells, Defined benefit pension plan, Pension Protection Fund, Trustee
    Authors:
    Jane Samsworth , Katie Banks , Duncan Buchanan , Claire Southern
    Location:
    United Kingdom
    Firm:
    Hogan Lovells
    Bankrupt claimant – bankrupt claim?
    2012-09-21

    What happens where a personal injury claimant is made bankrupt part way through the case, or where a bankrupt wishes to bring a claim for personal injury?

    Filed under:
    United Kingdom, Insolvency & Restructuring, Legal Practice, Litigation, Deka Chambers, Bankruptcy
    Authors:
    Andrew Spencer
    Location:
    United Kingdom
    Firm:
    Deka Chambers
    Playfair Investments Limited v Anielka Karus or McElvogue and others, 11 September 2012
    2012-09-27

    Outer House case considering a motion for recall of inhibitions served on Cordelt Limited and Mako Property Limited by Playfair Limited. Mako and Cordelt argued that the inhibitions prevented them showing clear searches to purchasers in implement of a contract to sell properties in Edinburgh.

    Filed under:
    United Kingdom, Scotland, Insolvency & Restructuring, Litigation, Real Estate, Morton Fraser MacRoberts
    Location:
    United Kingdom
    Firm:
    Morton Fraser MacRoberts
    Residential possession proceedings and tenant insolvency
    2012-09-28
    1. In the current economic climate personal insolvency is common place. According to the official figures, the number of personal insolvencies has risen from about 8,000 per quarter in 2002, to a peak of about 35,000 per quarter at the beginning of 2010. The current trend is a gradual reduction, the second quarter of 2012 seeing 27,390 personal insolvencies. In the last 12 months there have been 115,407 personal insolvencies: 35,456 bankruptcy orders; 30,816 debt relief orders; and 49,135 individual voluntary arrangements.
    Filed under:
    United Kingdom, Insolvency & Restructuring, Real Estate, Guildhall Chambers, Bankruptcy, Debtor, Debt, Pro rata, Insolvency Act 1986 (UK)
    Authors:
    Matthew Wales
    Location:
    United Kingdom
    Firm:
    Guildhall Chambers
    Non-UK borrowers and issues of security, COMI, administrators and receivers
    2012-10-01

    This article looks at some of the issues a lender should consider when a borrower or security provider is incorporated or has substantial assets outside England and Wales.  The lender needs to know how this will affect its security and remedies, and the possible impact of insolvency procedures in relevant jurisdictions.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Fieldfisher, Debtor
    Authors:
    Robert Cooke
    Location:
    United Kingdom
    Firm:
    Fieldfisher

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