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    Can you insure your data in the cloud?
    2012-10-22

    One of a business’s greatest concerns with data storage and backup is security, that is, how can you make sure your data is safe both internally and externally if using cloud solutions? Many businesses do not use cloud based solutions because of the perceived security risks. 

    Filed under:
    United Kingdom, Insolvency & Restructuring, IT & Data Protection, DMH Stallard LLP, Breach of contract, Cloud computing
    Location:
    United Kingdom
    Firm:
    DMH Stallard LLP
    Judgment proof: the English Supreme Court pushes back on U.S. Bankruptcy Court jurisdiction
    2012-10-24

    In a case with truly global implications, the Supreme Court of England and Wales held earlier today that judgments of U.S. Bankruptcy Courts against foreign defendants who had not submitted to the Bankruptcy Court’s jurisdiction were not enforceable in England and Wales in the case of Rubin v. Eurofinance SA.

    Factual Background

    Filed under:
    United Kingdom, USA, Insolvency & Restructuring, Litigation, Reed Smith LLP, Bankruptcy, Debtor, Court of Appeal of England & Wales, High Court of Justice (England & Wales), United States bankruptcy court
    Authors:
    Charlotte Møller , Elizabeth A. McGovern
    Location:
    United Kingdom, USA
    Firm:
    Reed Smith LLP
    UK Supreme Court allows Rubin appeal in seminal decision
    2012-10-24

    Important clarification was provided today to the insolvency world as the UK Supreme Court in the conjoined appeals in Rubin and New Cap rejected the modified universalist doctrine that established common law rules as to the enforcement of foreign judgments do not (or should not) apply to insolvency orders.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Harneys, Common law, Enforcement of foreign judgments, Court of Appeal of England & Wales, UK Supreme Court
    Location:
    United Kingdom
    Firm:
    Harneys
    Notice of civil and administrative forfeiture moves to the Internet
    2012-10-25

    The Department of Justice is changing its method of providing public notice for civil and administrative forfeitures.  The Government has traditionally published forfeiture notices in newspapers.  Instead, the Government will now post generalized notices at www.forfeiture.gov. 

    Filed under:
    United Kingdom, Insolvency & Restructuring, Public, Duane Morris LLP, US Department of Justice
    Authors:
    Robert H. Dietrick
    Location:
    United Kingdom
    Firm:
    Duane Morris LLP
    Rubin v Eurofinance – SC decision case comment
    2012-10-25

    The UK Supreme Court has handed down an important judgment in the conjoined cases of Rubin and another v Eurofinance SA and others and New Cap Reinsurance Corporation (in Liquidation) and another v AE Grant and others [2012] UKSC 46, which provides vital clarification on the effect of foreign insolvency judgments on the UK courts. The judgment was handed down yesterday.

    Background & Court of Appeal

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, RPC, Common law, Enforcement of foreign judgments, Liquidator (law), Court of Appeal of England & Wales, UK Supreme Court, Court of Appeal of Singapore
    Authors:
    Vivien Tyrell , Tim Moynihan
    Location:
    United Kingdom
    Firm:
    RPC
    Residential possession proceedings and tenant insolvency
    2012-09-28
    1. In the current economic climate personal insolvency is common place. According to the official figures, the number of personal insolvencies has risen from about 8,000 per quarter in 2002, to a peak of about 35,000 per quarter at the beginning of 2010. The current trend is a gradual reduction, the second quarter of 2012 seeing 27,390 personal insolvencies. In the last 12 months there have been 115,407 personal insolvencies: 35,456 bankruptcy orders; 30,816 debt relief orders; and 49,135 individual voluntary arrangements.
    Filed under:
    United Kingdom, Insolvency & Restructuring, Real Estate, Guildhall Chambers, Bankruptcy, Debtor, Debt, Pro rata, Insolvency Act 1986 (UK)
    Authors:
    Matthew Wales
    Location:
    United Kingdom
    Firm:
    Guildhall Chambers
    Non-UK borrowers and issues of security, COMI, administrators and receivers
    2012-10-01

    This article looks at some of the issues a lender should consider when a borrower or security provider is incorporated or has substantial assets outside England and Wales.  The lender needs to know how this will affect its security and remedies, and the possible impact of insolvency procedures in relevant jurisdictions.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Fieldfisher, Debtor
    Authors:
    Robert Cooke
    Location:
    United Kingdom
    Firm:
    Fieldfisher
    Liquidator’s action not stymied by illegality defence
    2012-10-02

    Introduction

    In the recent High Court decision in Bilta (UK) Ltd (In liquidation) and others v Nazir and others [2012] EWHC (Ch), the court considered the application of the legal doctrine of ‘ex turpi causa non oritur actio’ in the context of fraud.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, White Collar Crime, BDB Pitmans LLP, Fraud, Liquidation, HM Revenue and Customs (UK)
    Authors:
    Philip Smith
    Location:
    United Kingdom
    Firm:
    BDB Pitmans LLP
    The football creditors’ rule: here to stay?
    2012-10-05

    Introduction

    Filed under:
    United Kingdom, Employment & Labor, Insolvency & Restructuring, Media & Entertainment, Fieldfisher, Debt, Liquidator (law), HM Revenue and Customs (UK)
    Authors:
    Daniel Geey
    Location:
    United Kingdom
    Firm:
    Fieldfisher
    Rent: it may be expensive but when is it an expense?
    2012-09-12

    The High Court considers the status of claims for rent in an administration in Leisure (Norwich) II Ltd v Luminar Lava Ignite Ltd (in Admin) [2012] EWHC 951 (Ch) [2012] B.C.C. 497

    The problem

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Real Estate, Guildhall Chambers, Landlord, Leasehold estate, Debt, Liquidation, High Court of Justice (England & Wales)
    Authors:
    Holly Doyle
    Location:
    United Kingdom
    Firm:
    Guildhall Chambers

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