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    Directors' duties in a formal insolvency context
    2020-02-12

    Introduction

    The decision of ICC Judge Barber in the case of Stephen Hunt & System Building Services Group Limited -v- Brian Michie & System Building Services Group Limited [2020] EWHC 54 (Ch) was recently handed down and it is an interesting decision about directors’ duties post the appointment of an administrator or liquidator.

    Facts

    The facts are quite involved and matter specific, and gave rise to a number of issues, but for present purposes the key issues are as follows.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, CMS Cameron McKenna Nabarro Olswang LLP
    Authors:
    Julian Turner
    Location:
    United Kingdom
    Firm:
    CMS Cameron McKenna Nabarro Olswang LLP
    TCC Bars Adjudication Proceedings for Companies in Liquidation
    2018-08-03

    A recent TCC decision has ruled that adjudication proceedings cannot be brought by companies in liquidation in relation to financial claims under a construction contract. The decision will have considerable ramifications for the practical management of liquidations for companies with exposure to construction contracts. The decision would appear to run contrary to current liquidator practice, both as to the use of adjudication proceedings in liquidations and as to the assignment of claims to third parties, but essentially only confirms the mandatory nature of insolvency set-off.

    Filed under:
    United Kingdom, Construction, Insolvency & Restructuring, Litigation, CMS Cameron McKenna Nabarro Olswang LLP, Technology and Construction Court
    Authors:
    Kathryn Moffett , Matthew Taylor , Rita Lowe
    Location:
    United Kingdom
    Firm:
    CMS Cameron McKenna Nabarro Olswang LLP
    The High Court considers whether ATE insurance can defeat an application for security for costs
    2016-11-15

    In an important judgment, the High Court has tackled the question of whether an impecunious claimant can defeat a defendant’s application for security for costs on the basis that it has ATE insurance in place.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Insurance, Litigation, CMS Cameron McKenna Nabarro Olswang LLP, Lloyds Bank, High Court of Justice
    Authors:
    Philip Woodfield , Rachel Harrison
    Location:
    United Kingdom
    Firm:
    CMS Cameron McKenna Nabarro Olswang LLP
    A guide to the insolvency aspects of the new Deregulation Act and Small Business, Enterprise and Employment Act
    2015-05-05

    On 26 March 2015, the Deregulation Bill and the Small Business, Enterprise and Employment Bill received Royal Assent.  These Acts make a number of important changes to the law affecting directors, insolvency law and regulation. 

    The changes affect (among other things) directors’ liabilities, the powers of administrators and the rights of creditors. While some changes are relevant to all those advising companies and directors, others are of interest principally to insolvency officeholders.

    Filed under:
    United Kingdom, Insolvency & Restructuring, CMS Cameron McKenna Nabarro Olswang LLP
    Authors:
    Emma Riddle , Helen Coverdale
    Location:
    United Kingdom
    Firm:
    CMS Cameron McKenna Nabarro Olswang LLP
    Supreme Court clarifies where the Pensions Regulator ranks in insolvency proceedings
    2013-07-24

    The Supreme Court has handed down its highly anticipated judgment in the joint Nortel Networks/Lehman Brothers appeal.  The administrators of Nortel and Lehman Brothers entities had appealed against the Court of Appeal’s decision that Financial Support Directions (FSDs) issued by the Pensions Regulator (“the Regulator”) after the appointment of administrators attracted priority status as an administration expense.  Rejecting the decision of the lower courts, the Supreme Court ruled that an FSD issued during the course of an administration will rank as a provable debt rather than a

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, CMS Cameron McKenna Nabarro Olswang LLP, Unsecured debt, Pensions Act 2004 (UK), The Pensions Regulator, Lehman Brothers
    Authors:
    Rita Lowe , Emma Riddle
    Location:
    United Kingdom
    Firm:
    CMS Cameron McKenna Nabarro Olswang LLP
    Administration extension applications to be issued 6 weeks before expiry of administration
    2011-02-14

    CMS Cameron McKenna has learned that Registrars at the Companies Court in London have indicated that they now require applications for the extension of an administration to be issued at least 6 weeks before the administration is due to expire, unless there are "unusual reasons" justifying a later application. It is not yet clear what "unusual reasons" might mean in practice.

    Filed under:
    United Kingdom, Insolvency & Restructuring, CMS Cameron McKenna Nabarro Olswang LLP, Solicitor
    Authors:
    Vanessa Whitman
    Location:
    United Kingdom
    Firm:
    CMS Cameron McKenna Nabarro Olswang LLP
    Back to the drawing board for Amigo: FCA succeeds in challenging its proposed Scheme of Arrangement
    2021-05-26

    The Court (Mr Justice Miles) has refused to sanction a scheme of arrangement (the “Scheme”) between ALL Scheme Limited (the “Company”) and its creditors. The Company is an entity within the Amigo group of companies (the “Group”).

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Litigation, CMS Cameron McKenna Nabarro Olswang LLP, Financial Conduct Authority (UK)
    Authors:
    Julian Turner
    Location:
    United Kingdom
    Firm:
    CMS Cameron McKenna Nabarro Olswang LLP
    The Corporate Insolvency and Governance Act 2020 and Aircraft Finance - Part 2
    2020-07-02

    Insolvency termination clauses in Supply Contracts

    What are the potential implications of the new measures in relation to contracts for the supply of goods or services set out in the Corporate Insolvency and Governance Act 2020 (the “Act”) for aircraft lenders, lessors and airlines? In the second of a series of three articles, we consider the new prohibition on suppliers invoking termination clauses (or changing other terms) upon an insolvency or formal restructuring process introduced in the Act.

    Filed under:
    United Kingdom, Aviation, Insolvency & Restructuring, CMS Cameron McKenna Nabarro Olswang LLP, Coronavirus
    Authors:
    Keith Wilson , Gwen Edwards , Neha Arora
    Location:
    United Kingdom
    Firm:
    CMS Cameron McKenna Nabarro Olswang LLP
    Cartel litigation: Important ruling that limitation can begin to accrue in advance of a regulator making an infringement decision
    2020-02-03

    On 25 February 2020, the High Court handed down an important ruling: Granville Technology Group Limited (In Liquidation) and Others v Elpida Memory (Europe) Gmbh and Others [2020] EWHC 415 (Comm). This is the first ruling by an English Court on how the Limitation Act 1980 should be applied to secret cartel claims.

    Filed under:
    United Kingdom, USA, Company & Commercial, Competition & Antitrust, Insolvency & Restructuring, Litigation, CMS Cameron McKenna Nabarro Olswang LLP, European Commission, US Department of Justice, HSBC
    Location:
    United Kingdom, USA
    Firm:
    CMS Cameron McKenna Nabarro Olswang LLP
    Airline insolvency - British government seeks regime fit for 21st century
    2018-04-30

    Speed read

    1. The British government has commenced an airline insolvency review, in the wake of recent high profile airline failures such as Monarch and Air Berlin, and on the premise that changes in the industry have outpaced protection regimes.

    2. The review will focus on two main areas: repatriation of stranded passengers and redress for consumers. There is a desire to minimise repatriation costs falling on the public purse and ensure that consumers have clear avenues of redress.

    Filed under:
    United Kingdom, Aviation, Insolvency & Restructuring, CMS Cameron McKenna Nabarro Olswang LLP, Brexit, Consumer Credit Act 1974 (UK)
    Authors:
    Glen Flannery
    Location:
    United Kingdom
    Firm:
    CMS Cameron McKenna Nabarro Olswang LLP

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