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    Clarification on distribution of surplus assets of a registered society on solvent winding up
    2018-02-27

    Friendly societies, along with other mutual societies, are registered with and regulated by the Financial Conduct Authority under the Co-operative and Community Benefit Societies Act 2014 (the Act).

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Dentons, Liquidation, Financial Conduct Authority (UK), Insolvency Act 1986 (UK)
    Authors:
    Neil Griffiths , Andrea Dunsby
    Location:
    United Kingdom
    Firm:
    Dentons
    The Pre-Action Protocol for Debt Claims - 4 Months On
    2018-02-15

    Back in October 2017, the Pre-Action Protocol for Debt Claims (“PAP”) was launched to very little fanfare. PAP is part of the Civil Procedure Rules which govern how parties deal with litigation claims through the County Court and is the first time that strict rules have been put in place for pre-action conduct on a debt matter. I wrote an article about PAP at the time to explain the ins and outs of it.

    Filed under:
    United Kingdom, Banking, Company & Commercial, Insolvency & Restructuring, Litigation, SE Solicitors, US House Committee on the Judiciary, Civil Procedure Rules (UK)
    Location:
    United Kingdom
    Firm:
    SE Solicitors
    Ball (liquidator of PV Solar Solutions Ltd) and another -v- Hughes and another [2017] EWHC 3228 (Ch)
    2018-02-16

    The Facts

    PV Solar Solutions Ltd (the "Company") supplied and installed solar panels. When the government reduced preferential tariffs, the Company's profits were affected and it entered Administration in May 2013. The Company subsequently entered into voluntary Liquidation in November 2014.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Ashfords LLP, HM Revenue and Customs (UK), Companies Act 2006 (UK), High Court of Justice (England & Wales)
    Authors:
    Cathryn Kozlowski , Connor Pierce
    Location:
    United Kingdom
    Firm:
    Ashfords LLP
    Provider Beware! Bankruptcy Payment Order May Be Required to Pay a Bankrupt's Pension to Official Assignee.
    2018-02-16

    Costello J in the High Court recently gave judgment in the case of In re James Coady (a Former Bankrupt) [2017] IEHC 653. In this case the Official Assignee ("OA") had sought directions in respect of what rights could vest in the OA from the bankrupt's pre-retirement personal pension policy (the "PP"). The bankrupt had reached normal retirement age under the PP after he was adjudicated bankrupt but before he was discharged from bankruptcy.

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, William Fry, Bankruptcy, High Court of Justice (England & Wales)
    Authors:
    Liam Connellan , Michael Wolfe
    Location:
    United Kingdom
    Firm:
    William Fry
    Security for Costs - Progas Energy v Islamic Republic of Pakistan
    2018-02-09

    Case Alert - [2018] EWHC 209 (Comm)

    Judge considers whether security for costs/payment into court should be made pending a challenge to an arbitral award

    Filed under:
    United Kingdom, Arbitration & ADR, Insolvency & Restructuring, Litigation, Clyde & Co LLP
    Location:
    United Kingdom
    Firm:
    Clyde & Co LLP
    Dispute Resolution Update: Ward (acting as liquidator of Brady Property Developments Ltd) v Hutt and others [2018] EWHC 77 (Ch)
    2018-02-09

     Background

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Rosling King LLP, Abuse of process, Dispute resolution, Liquidator (law), High Court of Justice (England & Wales)
    Authors:
    Georgina Squire
    Location:
    United Kingdom
    Firm:
    Rosling King LLP
    What Carillion’s demise should tell us all
    2018-02-12

    Much has already been said about the demise of Carillion and the impact of its liquidation on the various parties with whom it contracted. In this article, I would like to examine what light the demise of Carillion throws on themes commonly encountered within insolvency and whether there are lessons to be learned for everyone.

    Having read the various reports in the press, it is clear that whilst Carillion entered into multi-billion pound government contracts, the contracts had extremely small profit margins, ultimately rendering the business unsustainable.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, SE Solicitors, Carillion
    Authors:
    Petra van Dijk
    Location:
    United Kingdom
    Firm:
    SE Solicitors
    UK Restructuring Scheme Case Study: Guiding Bibby Offshore Into Safe Waters
    2018-02-12

    UK-based offshore and subsea oil & gas services company solidifies its position and completes ownership transfer to noteholders in major company milestone.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Latham & Watkins LLP
    Authors:
    John Houghton , Marc Hecht
    Location:
    United Kingdom
    Firm:
    Latham & Watkins LLP
    ‘Direct payments and construction insolvency’
    2018-02-12

    Main contractor Carillion’s entry into liquidation has resulted in many employers seeking to establish relationships with subcontractors, under which they will be paid directly in order to stay on site and finish the relevant project. On the face of it, this seems like an attractive solution, and may leave some employers wondering why they didn’t procure their projects by construction management in the first place. However, establishing direct relations is not without risks, and requires safeguards for employers and subcontractors alike.

    Filed under:
    United Kingdom, Construction, Insolvency & Restructuring, Litigation, BPE Solicitors LLP, High Court of Justice (England & Wales)
    Authors:
    Neil Mason
    Location:
    United Kingdom
    Firm:
    BPE Solicitors LLP
    PPF contingent assets - Changed requirements
    2018-02-14

    The Pension Protection Fund (PPF) published new forms of contingent asset agreements in January along with new contingent asset guidance. It follows its publication of a final determination and levy policy statement in December for the levy year 2018/29.

    Background

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Shoosmiths LLP
    Authors:
    Lynette Lewis
    Location:
    United Kingdom
    Firm:
    Shoosmiths LLP

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