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    Landlords win victory in latest CVA challenge case
    2021-06-09

    In the latest High Court decision relating to Company Voluntary Arrangements in the UK, the judge held that the Regis hairdressing group CVA should be revoked on the basis that it favoured shareholders at the expense of landlord creditors

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Real Estate, Hogan Lovells
    Authors:
    Tim Reid
    Location:
    United Kingdom
    Firm:
    Hogan Lovells
    Fraud, Electronic Data Sources and Claims to Privilege in the United Kingdom—Lessons From Brian Glasgow v David Ames
    2023-02-07

    In Short

    The Situation: Insolvency officeholders increasingly find their investigations into a company's affairs frustrated by the comingling of records on a "group" server. Claims to privilege by other group entities (or even third parties) are then advanced as an obstacle to delivering company records to the officeholder, leading to expensive and logistically complex inspection and review processes that can be a burden on insolvent estates.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, White Collar Crime, Jones Day, Serious Fraud Office (UK), European Securities and Markets Authority
    Authors:
    Sion Richards , Barnaby C. Stueck , Dan T. Moss , Roger Dobson
    Location:
    United Kingdom
    Firm:
    Jones Day
    Restructuring proceedings in the post-Brexit era: what are the implications for Luxembourg?
    2023-02-05

    The effects of Brexit have had seismic consequences for all aspects of law, not just in the UK but in Europe more widely. This month we hear from four Loyens & Loeff team members specialising in insolvency and restructuring matters, who take a look at the corporate insolvency fallout for Luxembourg specifically. How have Schemes and restructuring plans been impacted by the UK’s exit from the EU, and what has it meant for enforceability of judgements?

    Filed under:
    European Union, Luxembourg, United Kingdom, Insolvency & Restructuring, Loyens & Loeff, Lugano Convention, Insolvency Regulation (1346/2000) (EU)
    Authors:
    Anne-Marie Nicolas , Michael Scott , Patrick Ferguson , Véronique Hoffeld
    Location:
    European Union, Luxembourg, United Kingdom
    Firm:
    Loyens & Loeff
    The Supreme Court has refused a debtor permission to appeal against a bankruptcy order in the case of Howell v Hughes & Hughes
    2023-02-06

    Mr and Mrs Hughes had granted a tenancy of a house to Mr Howell. He did not pay all of the rent and so they instructed Eleanor Solomon of Anthony Gold who issued possession proceedings. In September 2015 a possession order and money judgment were made against him. He did not satisfy the judgment debt and a bankruptcy petition was presented.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Anthony Gold, Bankruptcy
    Authors:
    Clifford Tibber
    Location:
    United Kingdom
    Firm:
    Anthony Gold
    Implications of the Sequana decision for Directors and their advisers
    2023-02-07

    The Supreme Court’s recent judgment in BTI 2014 LLC v Sequana SA [2022] UKSC 25 is a significant decision for the law of directors’ duties.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Insurance, Litigation, DAC Beachcroft, UK Supreme Court
    Authors:
    Joe Bannister , Pippa Ellis
    Location:
    United Kingdom
    Firm:
    DAC Beachcroft
    Learning from Mistakes: Imposing Constructive Trusts over Mistaken Payments
    2023-02-02

    This article first appeared in Volume 20, Issue 1 of International Corporate Rescue and is reprinted with the permission of Chase Cambria Publishing - www.chasecambria.com.

    Synopsis

    Filed under:
    Cayman Islands, United Kingdom, Insolvency & Restructuring, Litigation, Walkers, Liquidation, Cayman Islands Monetary Authority, High Court of Justice (England & Wales)
    Authors:
    Rupert Bell , Daisy Boulter , Rebecca Moseley
    Location:
    Cayman Islands, United Kingdom
    Firm:
    Walkers
    PI: Accountants
    2023-02-03

    Scope of Duty

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Tax, White Collar Crime, Browne Jacobson LLP, Blockchain, Supply chain, Anti-money laundering, Insolvency, HM Revenue and Customs (UK), UK Supreme Court
    Authors:
    Marlene Henderson
    Location:
    United Kingdom
    Firm:
    Browne Jacobson LLP
    Practical tips for dealing with contractor insolvency in the short, medium and longer term
    2021-06-08

    Last month, we discussed practical tips for dealing with contractor insolvency as part of our ongoing construction webinar series.

    Our colleague, Doug Wass, has already shared three key points to be aware of when a contractor becomes insolvent. In this article we discuss, in more detail, the practical points clients and those administering building contracts on their behalf should consider when contractor insolvency is suspected and occurs.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Macfarlanes LLP, UK Supreme Court
    Authors:
    Alexander Crockford , Richard Rowlatt , Radhika Shah
    Location:
    United Kingdom
    Firm:
    Macfarlanes LLP
    New directors’ disqualification bill takes aim at directors of dissolved UK companies
    2021-06-07

    A new bill, which the UK Government introduced to Parliament on 12 May 2021, seeks to extend the existing directors’ disqualification regime to the directors of dissolved companies.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Freshfields Bruckhaus Deringer, Corporate governance, Coronavirus, UK House of Commons
    Authors:
    Catherine Balmond , Jamie Murray-Jones
    Location:
    United Kingdom
    Firm:
    Freshfields Bruckhaus Deringer
    Restarting the clock: the accrual of fresh causes of action in professional negligence claims
    2021-06-07

    Introduction

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Professional Negligence, Gatehouse Chambers
    Authors:
    Tom Bell
    Location:
    United Kingdom
    Firm:
    Gatehouse Chambers

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