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    High Court decision may make it more difficult to bring claims against foreign parties under section 423 Insolvency Act (transactions defrauding creditors)
    2017-12-11

    The High Court has held that a claim by a creditor under section 423 of the Insolvency Act 1986 does not fall within the jurisdictional gateway permitting service out of the jurisdiction at common law for claims “under an enactment which allows proceedings to be brought”: Orexim Trading Limited v Mahavir Port and Terminal Private Limited [2017] EWHC 2663 (Comm).

    Filed under:
    European Union, United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP, Insolvency Act 1986 (UK), Companies Act 1985 (UK), High Court of Justice
    Authors:
    John Whiteoak , Andrew Cooke
    Location:
    European Union, United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    Creditors and jurisdiction - choose wisely
    2016-03-07

    INTRODUCTION

    The use of trusts for asset protection purposes is well established and – in principle – not improper. However, recent history has seen increasing attempts by creditors to have transfers of assets unwound. A recent UK Supreme Court case saw the Court effectively achieve this by way of a resulting trust finding.1 This article considers the issue from a different angle: insolvency legislation.

    Filed under:
    Hong Kong, New Zealand, United Kingdom, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, Herbert Smith Freehills LLP, Debtor, UK Supreme Court
    Authors:
    Richard Norridge , Gareth Keillor , Joanna Caen
    Location:
    Cook Islands, Hong Kong, New Zealand, United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    English Court of Appeal considers whether the mandatory stay provisions of s9(1) of the Arbitration Act of 1996 apply to winding-up petitions
    2014-12-15

    The English Court of Appeal dismissed an appeal brought against a recent High Court decision to stay a winding-up petition in favour of arbitration proceedings, in Salford Estates (No. 2) Limited v Altomart Limited [2014] EWCA 575 Civ.

    Filed under:
    United Kingdom, Arbitration & ADR, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP, Liquidation, Court of Appeal of England & Wales
    Location:
    United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    Webinar: Cross-border restructurings: how UK schemes may benefit businesses in Asia Pacific
    2021-10-06

    Click here to watch the video.

    Jurisdictions across the globe have sought to expand their restructuring toolkits – spurred on by Governments seeking to support business during the pandemic. This has had a significant impact on the options available when restructuring business in Asia Pacific.

    Filed under:
    Global, United Kingdom, Insolvency & Restructuring, Herbert Smith Freehills LLP
    Authors:
    Gareth Thomas
    Location:
    Global, United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    Proposals by the Indian Ministry of Corporate Affairs for a new Prepackaged Insolvency Resolution Process
    2021-01-21

    Background and purpose of the proposals

    On 8th January proposals for a new ‘Prepackaged Insolvency Resolution Process’ ("PIRP") were issued by the Indian Ministry of Corporate Affairs for public consultation, and we have considered them from a foreign perspective.

    The proposals are continuing evidence of the Indian Government’s admirable ongoing commitment to swift further development and improvement of the insolvency framework that was introduced five years ago in the Insolvency and Bankruptcy Code (“IBC”).

    Filed under:
    United Kingdom, Insolvency & Restructuring, Herbert Smith Freehills LLP
    Authors:
    Alexander Aitken , Kevin Pullen
    Location:
    United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    Governance: Changes to UK insolvency law could significantly reduce landlords’ recoveries in an insolvency process (UK)
    2020-06-09

    The Government on 20 May 2020 published the Corporate Insolvency and Governance Bill, which contains the most far-reaching reforms to UK insolvency law in over 30 years. The Bill has been introduced on an emergency basis in an attempt to ensure that otherwise financially viable companies survive during a period of unprecedented interruption and turmoil. However, it could upset the delicate balance between debtors and creditors under UK insolvency law.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP, Coronavirus
    Authors:
    John Whiteoak , Kevin Pullen , Natasha Johnson , John Chetwood
    Location:
    United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    Corporate sponsors put on notice as Government confirms plans to strengthen the Pensions Regulator's powers
    2019-02-13

    On Monday, in its response to the consultation on protecting DB pension schemes and strengthening the Pensions Regulator, the Government confirmed its plans to:

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Herbert Smith Freehills LLP, Corporate governance, Board of directors, The Pensions Regulator
    Authors:
    Michael Aherne , Tim Smith
    Location:
    United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    Construction of Exclusions in Insurance Policies
    2017-11-24

    In Crowden and Crowden v QBE Insurance (Europe) Ltd[2017] EWHC 2597 (Comm) the Commercial Court found in favour of the Defendant insurer on the disputed construction of an "insolvency" exclusion in a professional indemnity insurance policy.  The case is a useful reminder of the approach which the English Courts take to the construction of exclusions in insurance contracts.  

    1. Background

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Insurance, Litigation, Herbert Smith Freehills LLP, Security (finance), Liquidation, Investment funds, Liquidator (law), Financial Services Compensation Scheme, High Court of Justice
    Location:
    United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    Enhanced Rights Against Insurers of 'Insolvent' Entities - One Step Closer
    2016-03-04

    The Third Parties (Rights Against Insurers) Act 2010 is a step closer to coming in to force with the publication of draft Regulations whose aim is to correct omissions in the Act. Once in force the Act will improve the position of claimants who are bringing actions against insolvent defendants and looking to recover from those defendants' insurers.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Insurance, Herbert Smith Freehills LLP
    Authors:
    David Reston , Anthony Dempster
    Location:
    United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    Jackson reforms to apply to insolvency proceedings from April 2015
    2014-09-18

    According to press reports this week, the insolvency exception to the Jackson reforms will end next April, meaning that CFA success fees and ATE insurance premiums will no longer be recoverable in proceedings brought by liquidators, administrators, trustees in bankruptcy, or companies in liquidation or administration. Recoverability in all other claims was abolished from April 2013 (subject to exceptions for defamati

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP
    Location:
    United Kingdom
    Firm:
    Herbert Smith Freehills LLP

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