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    UK administration orders - a need for Jersey insolvency proceedings?
    2013-04-23

    It has been common practice in recent years for the English Courts to make administration orders in respect of Jersey companies with English situs assets, based upon letters of request from the Royal Court of Jersey issued pursuant to section 426 of the UK Insolvency Act 1986.  However, a recent case in the English High Court has challenged the basis upon which these administration orders have historically been made. 

    Background

    Filed under:
    Jersey, United Kingdom, Insolvency & Restructuring, Litigation, Ogier, Insolvency Act 1986 (UK), High Court of Justice, Courts of Jersey
    Location:
    Jersey, United Kingdom
    Firm:
    Ogier
    Clarity on cross border insolvency enforcement
    2012-12-08

    RUBIN V EUROFINANCE SA

    New Cap Re v Grant  

    [2012] UKSC 46

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Ogier, Conflict of laws, Common law, UK Supreme Court
    Location:
    United Kingdom
    Firm:
    Ogier
    In the matter of Ruscoe Ltd (In Liquidation) [2012]: directors' liability for breach of fiduciary duty
    2012-10-22

    The recent decision of the English High Court in the case of Fry v Sherry [2012] (In the matter of Ruscoe Ltd (In Liquidation)) serves as a timely reminder of the potential personal liabilities faced by directors should they breach their fiduciary duties. 

    Summary of the facts

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Ogier, Shareholder, Fiduciary, Companies Act 1985 (UK), High Court of Justice
    Authors:
    Raulin Amy
    Location:
    United Kingdom
    Firm:
    Ogier
    REO (Powerstation) Limited and Others (7th December 2011) JRC 232A: letters of request for administration orders
    2012-04-23

    The facts:

    An application had been made by Bank of Scotland Plc and the Governor and Company of the Bank of Ireland (the Applicants) for a letter of request to be sent by the Royal Court of Jersey to the High Court of England and Wales in respect of four Jersey companies which were ultimate beneficial owners of English real estate.  

    Filed under:
    Ireland, Jersey, United Kingdom, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, Ogier, Debtor, Public limited company, Insolvency Act 1986 (UK), Bank of Scotland
    Location:
    Ireland, Jersey, United Kingdom
    Firm:
    Ogier
    Derivatives transactions with offshore counterparties
    2011-08-17

    Key Issues

    The transaction documents (eg ISDA, GMRA or prime brokerage agreements) for derivatives transactions (or other transactions involving netting provisions) are usually governed by English law or New York law. However, there are a number of local law issues which our clients should consider when proposing to enter into such transactions with offshore counterparties, including the following key issues:

    Filed under:
    United Kingdom, USA, New York, Derivatives, Insolvency & Restructuring, Private Client & Offshore Services, Ogier, Collateral (finance), Marketing, Arbitration award, Investment funds, Default (finance), Choice of law, International Swaps and Derivatives Association
    Authors:
    Bruce MacNeil
    Location:
    United Kingdom, USA
    Firm:
    Ogier
    Q2 spike in England and Wales corporate insolvencies reflects broader global trend
    2022-08-08

    Reports last week of the significant increase in corporate insolvencies and voluntary liquidations in England and Wales for Q2 demonstrate the combined impact of government COVID-19 support being withdrawn, soaring energy and fuel costs, and weakening demand – and are being reflected in the nature of the instructions coming into our global jurisdictions from distressed companies across the globe.

    Filed under:
    British Virgin Islands, Cayman Islands, Global, Guernsey, Hong Kong, Ireland, Jersey, United Kingdom, Northern Ireland, England & Wales, Insolvency & Restructuring, Ogier, Coronavirus
    Authors:
    Christian Burns-Di Lauro , Katrina Edge , Bruce MacNeil , Mathew Newman , Anthony Oakes , Oliver Payne , Oliver Passmore , Jeremy Snead , Ray Wearmouth
    Location:
    British Virgin Islands, Cayman Islands, Global, Guernsey, Hong Kong, Ireland, Jersey, United Kingdom
    Firm:
    Ogier
    Cross-border restructurings using offshore companies
    2011-08-17

    In the current economic climate, there has been increased interest from clients and their advisers in using offshore companies in cross-border restructurings. The use of offshore companies in restructurings is often driven by tax and structuring advice, where there is a desire to continue the group operating as a going concern and to achieve a favourable outcome for creditors (usually outside of formal insolvency proceedings).

    Such companies can offer a number of advantages when used as part of a restructuring plan, including:

    Filed under:
    United Kingdom, Insolvency & Restructuring, Private Client & Offshore Services, Ogier, Share (finance), Bankruptcy, Shareholder, Interest, Option (finance), Capital gains tax, Stamp duty
    Authors:
    Bruce MacNeil
    Location:
    United Kingdom
    Firm:
    Ogier
    A cross-jurisdictional outlook for restructuring and recovery
    2022-06-16

    The uncertainty that has descended on global economic markets brought about by the global covid-19 pandemic has been widespread and unprecedented. Anyone looking for clear wisdom on the likely trends in restructuring as we look now to the second half of 2022 and beyond may find the milky darkness of a Magic 8-ball a better barometer of future forecasting.

    Here, we provide an overview of the offshore restructuring landscape in light of governmental fiscal stimulus measures introduced due to coronavirus either being reduced, withdrawn or, in some cases, never being put in place.

    Filed under:
    British Virgin Islands, Cayman Islands, Guernsey, Hong Kong, Jersey, United Kingdom, Insolvency & Restructuring, Ogier, Private equity, Supply chain, Coronavirus
    Authors:
    Christian Burns-Di Lauro , Mathew Newman , Ray Wearmouth
    Location:
    British Virgin Islands, Cayman Islands, Guernsey, Hong Kong, Jersey, United Kingdom
    Firm:
    Ogier
    Jersey companies and English administration
    2010-09-14

    There has been a considerable amount of interest from clients recently on putting Jersey companies holding UK real property and other assets into English administration. Where a Jersey company and its creditors intend to rescue the company as a going concern, or English administration would achieve a better realisation for creditors than a désastre or a winding up, it may be advantageous to commence English administration.

    Filed under:
    Jersey, United Kingdom, Insolvency & Restructuring, Ogier, Debtor, Interest, Liquidation, Comity, Insolvency Act 1986 (UK), Courts of Jersey
    Authors:
    Bruce MacNeil
    Location:
    Jersey, United Kingdom
    Firm:
    Ogier
    Reflections from the FIRE Starters Global Summit in Dublin
    2022-04-19

    This article was originally published by ThoughtLeaders4 FIRE.

    Introduction

    There was a distinct air of positivity and delight to be out and about networking again at the FIRE Starters Global Summit in Dublin. Once again the event was well attended by a wonderful and dynamic group of international professionals from across the advisory spectrum in asset recovery, fraud and insolvency and many new networks were forged over the fun three-day event.

    Filed under:
    Cayman Islands, European Union, Guernsey, Jersey, United Kingdom, Insolvency & Restructuring, Litigation, Public, White Collar Crime, Ogier, Brexit, Crowdfunding, Non-fungible tokens, US Department of Justice
    Authors:
    James Angus , Alex Horsbrugh-Porter , Shaun Maloney , Marie Skelly
    Location:
    Cayman Islands, European Union, Guernsey, Jersey, United Kingdom
    Firm:
    Ogier

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