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    TUPE: pre-transfer dismissals
    2012-01-16

    The Court of Appeal has resolved conflicting decisions at EAT level and confirmed that dismissals which are connected with a subsequent TUPE transfer can be automatically unfair under TUPE even where no specific transfer or purchaser is contemplated at the time of dismissal.

    Filed under:
    United Kingdom, Employment & Labor, Insolvency & Restructuring, Litigation, Baker McKenzie, Transfer of Undertakings (Protection of Employment) Regulations 2006 (UK), Employment Appeal Tribunal
    Location:
    United Kingdom
    Firm:
    Baker McKenzie
    Intercreditor agreements
    2010-10-27

    A group of senior lenders to European Directories SA, a Macquarie Group Ltd affiliate, have succeeded on their appeal to the English Court of Appeal in litigation with European Directories' mezzanine lenders over a €2billion loan restructuring plan for the company.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Litigation, Baker McKenzie, Court of Appeal of England & Wales
    Location:
    United Kingdom
    Firm:
    Baker McKenzie
    INSOL 2017: Oil on troubled waters - how to manage an unexpected blowout through the use of new restructuring options
    2017-03-19

    The consideration of the issues relating to TOPOIL begins in one of the three breakout sessions. This one considers whether some sort of restructuring process is appropriate and if so which might be the top options and their relative merits.

    Filed under:
    Canada, European Union, United Kingdom, USA, Insolvency & Restructuring, Baker McKenzie
    Authors:
    Ian Jack
    Location:
    Canada, European Union, United Kingdom, USA
    Firm:
    Baker McKenzie
    November 2016 International Trade Compliance Update
    2016-11-01

    International Trade Compliance (Covering Customs and Other Import Requirements, Export Controls and Sanctions, Trade Remedies, WTO and Anti-Corruption) In This Issue: World Trade Organization (WTO) World Customs Organization (WCO) Other International Matters The Americas - Central America The Americas - North America The Americas - South America Asia-Pacific Europe and Middle East Africa Trade compliance enforcement actions - import, export, IPR, FCPA Newsletters, reports, articles, etc. Webinars, Meetings, Seminars, etc.

    Filed under:
    Africa, Asia-Pacific, Canada, European Union, Global, Middle East, Myanmar, OECD, Russia, Ukraine, United Kingdom, USA, Agriculture, Aviation, Energy & Natural Resources, Environment & Climate Change, Healthcare & Life Sciences, Immigration, Insolvency & Restructuring, Litigation, Product Regulation & Liability, Projects & Procurement, Tax, Trade & Customs, Baker McKenzie, Trade barrier, EU-Canada Comprehensive Economic and Trade Agreement, US Department of Justice, Office of Foreign Assets Control (USA)
    Location:
    Africa, Asia-Pacific, Canada, European Union, Global, Middle East, Myanmar, OECD, Russia, South Korea, Ukraine, United Kingdom, USA
    Firm:
    Baker McKenzie
    Pensions Update - October 2016
    2016-10-31

    31/10/2016 Pensions Update ­ October 2016 http://bakerxchange.com/rv/ff002b980788f142ab3974e23146b6f2e393d02b 1/4 Pensions Update October 2016 In this issue Court of Appeal clarifies treatment of pensions on bankruptcy PPF publishes consultation on 2017/2018 levy DWP consults on valuing pensions for the advice requirement Regulator declares rule change void Next steps in leaving the European Union Committee publishes new evidence on regulation of pension schemes Regulator launches blog Government cancels plans t

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Baker McKenzie, Bankruptcy, Fiduciary, Statute of limitations, DWP, Court of Appeal of England & Wales, High Court of Justice
    Location:
    United Kingdom
    Firm:
    Baker McKenzie
    The Court of Appeal orders reference to ECJ on meaning and direct effect of Article 8 of the Insolvency Directive
    2016-09-30

    The Court of Appeal has ordered a reference to the Court of Justice of the European Union (ECJ) in Grenville Holden Hampshire v the Board of the Pension Protection Fund which involves a pension scheme member, whose early retirement pension was reduced by two-thirds on the scheme's entry to the PPF, arguing that the statutory cap on compensation payable by the PPF does not give full effect to Article 8 of the EU Insolvency Directive.

    Filed under:
    European Union, United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Baker McKenzie, Direct effect of EU law, Pension Protection Fund, Court of Justice of the European Union, Court of Appeal of England & Wales
    Location:
    European Union, United Kingdom
    Firm:
    Baker McKenzie
    UK Govt Issues Consultation on Insolvency and Corporate Governance Reforms
    2018-09-10

    BEIS has just published the Government's response to its March 2018 consultation on "Insolvency and Corporate Governance" reforms. The response identifies a number of proposals for reform, as summarised below:

    Action to improve the insolvency framework in the cases of major failure

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Public, Baker McKenzie, Corporate governance
    Location:
    United Kingdom
    Firm:
    Baker McKenzie
    Further corporate governance reforms, including a possible review of the UK's dividend regime and improved training for directors
    2018-09-07

    BEIS has just published the Government's response to its March 2018 consultation on "Insolvency and Corporate Governance" reforms (for our March alert on this, click

    Filed under:
    United Kingdom, Corporate Finance/M&A, Employee Benefits & Pensions, Insolvency & Restructuring, Baker McKenzie, Corporate governance, Dividends, Holding company
    Location:
    United Kingdom
    Firm:
    Baker McKenzie
    Australia: The limits of recognition under the UNCITRAL Model Law - foreign compromises of English law claims
    2018-02-28

    Introduction – why does this matter?

    Filed under:
    Australia, United Kingdom, USA, Insolvency & Restructuring, Litigation, Baker McKenzie, Debtor, UNCITRAL, Court of Appeal of England & Wales, High Court of Justice, Court of Appeal (England and Wales)
    Authors:
    David Walter
    Location:
    Australia, United Kingdom, USA
    Firm:
    Baker McKenzie
    Hong Kong Court Recognizes Foreign Liquidators Appointed in Creditors' Voluntary Liquidation
    2018-02-15

    The Hong Kong court in Re The Joint Liquidators of Supreme Tycoon Limited (in liquidation in the British Virgin Islands) (08/02/2018, HCMP833/2017), [2018] HKCFI 277 (Re Supreme Tycoon) has, for the first time, granted recognition and assistance to foreign liquidators appointed in a creditors' voluntary winding-up.

    Filed under:
    Hong Kong, United Kingdom, Insolvency & Restructuring, Litigation, Baker McKenzie, Liquidation
    Authors:
    Kwun-Yee Cheung
    Location:
    Hong Kong, United Kingdom
    Firm:
    Baker McKenzie

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