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    Information and consultation in insolvencies - who wins, really?
    2016-05-18

    The Employment Tribunal ruled last month that the former employees of Sahaviriya Steel Industries UK Limited (in liquidation) are entitled to the maximum protective award for a complete failure by SSI to inform and consult them about their redundancies (90 days’ pay for each of the 1100 employees affected).

    Filed under:
    United Kingdom, Employment & Labor, Insolvency & Restructuring, Squire Patton Boggs, Employment tribunal
    Authors:
    Mark Prior , Ramez Moussa
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    Duties and Liabilities of Directors in the United Arab Emirates
    2016-02-10

    The duties and obligations of directors in the United Arab Emirates (UAE) are drawn from various legislative sources, there is no consolidated legislative framework dealing with the duties and obligations of directors under UAE Law. Note that under UAE law the terms “manager” and “director” are used interchangeably. As such, any reference in this memorandum to the foregoing terms should be construed as one and the same, where possible we have used the generic term “director” to avoid potential confusion.

    Applicable Law 

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Private Client & Offshore Services, Squire Patton Boggs
    Authors:
    Douglas G. Smith , Mark J. Gilligan
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    Using the “evasion principle” to pierce the corporate veil in UK bankruptcy
    2015-09-15

    The English High Court has granted an injunction to trustees in bankruptcy and pierced the corporate veil of companies which were operated by a bankrupt as his agents and nominees and which held assets on his behalf (Wood and another v Baker and others [2015] EWHC 2536 (Ch)).

    Background

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, Squire Patton Boggs, Bankruptcy, Debtor, Injunction, Insolvency Act 1986 (UK)
    Authors:
    Cathryn Williams
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    Take note: amended UK insolvency law now in force!
    2015-05-26

    On 26 May 2015 new UK insolvency law changes take effect and all insolvency practitioners and stakeholders should be aware of these amended rules which apply from today onwards. Read on to make sure you are up to date!

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Liquidation
    Authors:
    Chris Keane , Siân Taylor
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    The wonder of woolies – good(ish) news for UK insolvency practitioners
    2015-02-05

    The European Advocate General has today given his opinion in the “Woolworths case” (and two other cases) on the meaning of “establishment” for the purposes of determining when the duty to consult appropriate representatives is triggered under the European Collective Redundancies Directive (the Directive).

    Filed under:
    European Union, United Kingdom, Employment & Labor, Insolvency & Restructuring, Litigation, Squire Patton Boggs
    Authors:
    John Alderton , Linda Mack
    Location:
    European Union, United Kingdom
    Firm:
    Squire Patton Boggs
    Don’t forget the guarantor!
    2014-02-03

    In the recent decision of Topland Portfolio No.1 Limited v Smiths News Trading Limited [2014] EWCA Civ 18, the Court of Appeal has given a timely reminder of the need for landlords to tread carefully when dealing with leases to ensure that a tenant guarantee remains effective.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Real Estate, Squire Patton Boggs, Surety
    Authors:
    Patrick Walker
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    Statutory liens and aircraft operators
    2010-07-09

    In the case of Global Knafaim Leasing Ltd & Anor v The Civil Aviation Authority & Ors [2010] EWHC 1348 (Admin), the UK’s High Court held that the Civil Aviation Authority (CAA) and BAA Ltd. (BAA) were entitled to a statutory lien of a lessor’s aircraft, to ensure a lessor pays all the outstanding route and aircraft charges of an insolvent operator and its fleet of aircraft, and not just those related to the aircraft of the lessor.

    Filed under:
    United Kingdom, Aviation, Insolvency & Restructuring, Squire Patton Boggs, Legal burden of proof, Liquidation, Proportionality (law), Right to a fair trial, European Convention on Human Rights, High Court of Justice
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    Licensing Act 2003 – implications for insolvency practitioners
    2008-07-25

    The Licensing Act 2003 came into force in November 2005. Its effects were considerably wider than the much-publicised ‘24 hour drinking’ relaxation and, in particular, it makes specific provisions in relation to insolvency.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Leisure & Tourism, Squire Patton Boggs, Breach of contract, Landlord, McDonald's
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    The End of the Insolvency Shield for Insurers?
    2016-05-18

    The Third Parties (Rights Against Insurers) Act 2010 (“TPR”) will finally come into force on 1 August 2016, making it easier for third parties to bring claims against insurers of insolvent companies.  It has taken more than six years, spread over three separate governments and was amended even before it came into force, but TPR will finally replace the Third Parties (Rights Against Insurers) Act 1930 (the “1930 Act”).

    The Background

    Filed under:
    United Kingdom, Insolvency & Restructuring, Insurance, Squire Patton Boggs, Liquidation
    Authors:
    Russell Hill , Matt Ford
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    New Liquor Licence Guide for Insolvency Practitioners
    2016-02-03

    The trading environment for Britain’s pubs has never been tougher. According to the Campaign for Real Ale, 29 pubs close every week in the UK, with pubs selling approximately a third of the number of pints that they used to sell in the late 1970s.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Leisure & Tourism, Squire Patton Boggs
    Authors:
    Nicola A. Smith , Cathryn Williams
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs

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