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    Insolvency Series 2016: Counterparty Insolvency
    2016-04-27

    Overview

    The IMF, in a January 2016 update to its World Economic Outlook, revised its global growth projections for 2016 and 2017 down by 0.2%, citing a decline in emerging markets' growth and lower prices for energy and other commodities.[1]

    With the trough in the global economy set to continue, there is unlikely to be any respite for the marine and trade industries, where counterparty insolvency will become more prevalent. 

    Filed under:
    Singapore, United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Clyde & Co LLP, Emerging markets
    Authors:
    Prakash Pillai , Junxiang Koh
    Location:
    Singapore, United Kingdom
    Firm:
    Clyde & Co LLP
    Bache & Ors v Zurich Insurance PLC
    2014-07-29

    Whether insurer liable to repay purchasers’ deposits following dissolution of developer/policy interpretation

    http://www.bailii.org/ew/cases/EWHC/TCC/2014/2430.html

    Filed under:
    United Kingdom, Insolvency & Restructuring, Insurance, Litigation, Clyde & Co LLP
    Authors:
    Nigel Brook
    Location:
    United Kingdom
    Firm:
    Clyde & Co LLP
    COVID-19 Stocktake - projects & construction
    2020-08-14

    In light of the fast moving pace of developments on COVID-19, and the varying degrees to which information is available to our clients in the projects & construction sector in relation to its impact on their operations, we will be circulating a regular update that addresses the following:

    Filed under:
    Ireland, United Kingdom, Construction, Employment & Labor, Healthcare & Life Sciences, Insolvency & Restructuring, Litigation, Projects & Procurement, Clyde & Co LLP, Coronavirus, Technology and Construction Court
    Location:
    Ireland, United Kingdom
    Firm:
    Clyde & Co LLP
    (Re)insurance Weekly Update 14- 2018
    2018-04-30

    A summary of recent developments in insurance, reinsurance and litigation law.

    Engelhart CTP v Lloyd's Syndicate 1221: Court holds that all risks cargo policy did not cover fraudulent documents for a non-existent cargo

    http://www.bailii.org/ew/cases/EWHC/Comm/2018/900.html

    Filed under:
    United Kingdom, Insolvency & Restructuring, Insurance, Litigation, Clyde & Co LLP, HSBC
    Location:
    United Kingdom
    Firm:
    Clyde & Co LLP
    Third Party Disclosure - PricewaterhouseCoopers v SAAD (Privy Council)
    2016-11-17

    Privy Council considers entitlement to costs of preparing to comply with a third party disclosure order

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Clyde & Co LLP
    Location:
    United Kingdom
    Firm:
    Clyde & Co LLP
    Kanev-Lipinski v Lipinski: Freezing orders and the lack of evidence of dissipation
    2016-03-14

    http://www.bailii.org/ew/cases/EWHC/QB/2016/475.html

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Litigation, Clyde & Co LLP
    Authors:
    Nigel Brook
    Location:
    United Kingdom
    Firm:
    Clyde & Co LLP
    Bilta – the end of the ''sole actor'' exception?
    2013-09-20

    The Court of Appeal recently handed down its much-anticipated judgment in (1) Jetivia S.A. (2) URS Brunschweiler v Bilta (UK) Limited (in liquidation) (2013).

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Tax, Clyde & Co LLP, Fraud, Liquidation
    Location:
    United Kingdom
    Firm:
    Clyde & Co LLP
    Corporate insolvencies set to be the main driver of D&O risk
    2020-07-08

    Even before the advent of Covid-19, insolvency-related D&O claims already made up a large part of the management risk landscape.

    Corporate insolvencies are on the rise. 2019 saw the highest level of underlying insolvencies since 2013, with the retail, hospitality and construction industries particularly affected. As the ongoing uncertainty of the pandemic further increases the risk that companies will run into financial difficulties, insolvency can only continue to make up a large source of directors’ and officers’ (D&O) claims.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Insurance, Clyde & Co LLP, Coronavirus
    Location:
    United Kingdom
    Firm:
    Clyde & Co LLP
    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
    Claim relating to distribution in specie not timebarred: Burnden Holdings (UK) Ltd (In Liquidation) v (1) Gary John Fielding (2) Sally Anne Fielding (2016)
    2016-10-26

    A company in liquidation appealed against a decision that its claim against the directors, for breach of fiduciary or statutory duty in relation to distribution in specie of the claimant company’s shareholding in another company, was time-barred.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Clyde & Co LLP, Fiduciary, Liquidation, Limitation Act 1980 (UK)
    Location:
    United Kingdom
    Firm:
    Clyde & Co LLP

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