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    Going concerns - Surviving the lockdown
    2020-04-16

    Covid-19 has brought about much uncertainty for businesses worldwide and it is timely for a special edition of Going Concerns to provide a "survival guide" in the following jurisdictions Singapore, the People's Republic of China ("PRC"), Hong Kong, United Kingdom and the United Arab Emirates ("UAE"). This special edition will also touch on recent legislation and stimulus packages introduced by governments of the above (where applicable) in response to the Covid-19 outbreak, which will impact both creditors and debtors.

    Survival guide

    Filed under:
    China, European Union, Global, Hong Kong, Middle East, Singapore, United Arab Emirates, United Kingdom, Banking, Insolvency & Restructuring, Public, Stephenson Harwood LLP, Coronavirus
    Location:
    China, European Union, Global, Hong Kong, Middle East, Singapore, United Arab Emirates, United Kingdom
    Firm:
    Stephenson Harwood LLP
    COVID-19: International Restructuring & Insolvency update
    2020-03-25

    As the Novel coronavirus (COVID-19) pandemic continues to spread across the globe, people and businesses are facing unprecedented challenges, both immediate and strategic. Governments in various jurisdictions have announced various measures to try to alleviate the distress caused by the numerous issues that have arisen and continue to arise, particularly around cashflow and employees.

    Filed under:
    Australia, Belgium, China, Czech Republic, Denmark, France, Germany, Hungary, India, Italy, Netherlands, Poland, Singapore, Slovakia, Spain, Sweden, United Arab Emirates, United Kingdom, Banking, Capital Markets, Insolvency & Restructuring, Tax, Bird & Bird LLP, Coronavirus, UK House of Commons
    Authors:
    Lucas Pitts
    Location:
    Australia, Belgium, China, Czech Republic, Denmark, Finland, France, Germany, Hungary, India, Italy, Netherlands, Poland, Singapore, Slovakia, Spain, Sweden, United Arab Emirates, United Kingdom
    Firm:
    Bird & Bird LLP
    Control Update - Winter 2016
    2016-12-14

    The potential cost of making or defending a claim is often a concern for anyone involved in litigation or arbitration. AG has since 2008 been at the forefront of sharing the risk with its clients, and the litigation funding market has responded with a variety of different options and opportunities. And it's also a developing topic for the courts. Our Control Update newsletter reports all the latest developments, both commercial and legal.

    Litigation funders – extent of their involvement and liability for costs

    Filed under:
    Asia-Pacific, United Arab Emirates, United Kingdom, Insolvency & Restructuring, Insurance, Legal Practice, Litigation, Addleshaw Goddard LLP, Civil Procedure Rules (UK)
    Location:
    Asia-Pacific, United Arab Emirates, United Kingdom
    Firm:
    Addleshaw Goddard LLP
    Funding In Focus - Content Series - Report Three - July 2016
    2016-07-08

    FUNDING IN FOCUS CONTENT SERIES REPORT T HREE JULY 2016 2 | VANNIN CAPITAL Funding in Focus Content Series Welcome Welcome to the third edition of Funding in Focus. Since the inception of Funding in Focus, the funding market has grown and developed. This development is reflected in the number, type and complexity of the cases we are being asked to fund across the globe. We have seen an exponential rise in requests for funding in a range of sectors, including in arbitration and insolvency, and in a range of jurisdictions.

    Filed under:
    Australia, Global, United Arab Emirates, United Kingdom, Arbitration & ADR, Insolvency & Restructuring, Legal Practice, Litigation, UNCITRAL, International Chamber of Commerce, Arbitral tribunal
    Location:
    Australia, Global, United Arab Emirates, United Kingdom
    Дилемма OW Bunker
    2016-06-28

    Кто должен платить, когда поставщик топлива становится неплатежеспособным.

    1. Введение

    Filed under:
    United Arab Emirates, United Kingdom, Insolvency & Restructuring, Litigation, Shipping & Transport, STA Law Firm Ltd
    Location:
    United Arab Emirates, United Kingdom
    Firm:
    STA Law Firm Ltd
    English Court recognises sole director's decision-making powers
    2022-10-11

    The High Court has recently held that the appointment of administrators by a sole director of a company with unamended Model Articles was valid.  

    Background 

    The document allegedly appointing the administrators of the company was a standard set of board minutes, reportedly chaired by a man and recording that a quorum was present. In fact, there was no meeting, and the decision was taken alone by the sole female director. 

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Taylor Wessing, Articles of association, Insolvency
    Authors:
    Emilie Kennedy
    Location:
    United Kingdom
    Firm:
    Taylor Wessing
    UK Supreme Court's landmark decision confirms directors' 'creditor interest duty' works on a sliding scale
    2022-10-11

    The Supreme Court has unanimously dismissed the appeal of the decision in BTI –v- Sequana.

    At a time when many companies are facing financial difficulties and directors are considering their legal duties, this long-awaited judgment has confirmed that directors have a 'creditor interest duty' when a company is insolvent or bordering on insolvency or an insolvent liquidation or administration is probable.  

    Background

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Taylor Wessing, Insolvency, UK Supreme Court
    Authors:
    Nick Moser , Lorna Bramich , Louise Jennings
    Location:
    United Kingdom
    Firm:
    Taylor Wessing
    UK: Supreme Court confirms existence of directors' "creditor duty"
    2022-10-10

    In brief

    The UK Supreme Court has handed down its long-awaited judgment in relation to the case of BTI 2014 LLC (Appellant) v. Sequana SA and others (Respondents) [2022] UKSC 25, concerning the duty of directors of a company registered under the Companies Act 2006 to consider (and act in accordance with) the interests of the company's creditors.


    Contents

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Baker McKenzie, Insolvency, UK Supreme Court
    Authors:
    Priyanka Usmani , Matthieu Hucker
    Location:
    United Kingdom
    Firm:
    Baker McKenzie
    UK: Supreme Court confirms existence of directors' "creditor duty"
    2022-10-07

    In brief

    The UK Supreme Court has handed down its long-awaited judgment in relation to the case of BTI 2014 LLC (Appellant) v. Sequana SA and others (Respondents) [2022] UKSC 25, concerning the duty of directors of a company registered under the Companies Act 2006 to consider (and act in accordance with) the interests of the company's creditors.

    Contents

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Baker McKenzie, Insolvency, UK Supreme Court
    Authors:
    Priyanka Usmani , Matthieu Hucker
    Location:
    United Kingdom
    Firm:
    Baker McKenzie
    Directors' Duties Under English Law — How to Lead in Difficult Times
    2022-07-01

    Elon Musk recently said he has a "super bad feeling" about the economy, pithily declaring what most financial commentators have been predicting in more technical terms.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Katten Muchin Rosenman LLP, Coronavirus, UK Supreme Court
    Authors:
    Sonya Van de Graaff , Prav Reddy
    Location:
    United Kingdom
    Firm:
    Katten Muchin Rosenman LLP

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