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    Too good to be true?
    2012-02-15

    In an earlier blog I touched upon the belief which exists within certain parts of the market that there is still a way to go in the re-pricing of non-prime assets. Some commentators are predicting that this re-pricing will take place through 2012 and into 2013, the hope being that we will start to see greater activity in the secondary market in the second half of next year.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Real Estate, Morton Fraser MacRoberts
    Location:
    United Kingdom
    Firm:
    Morton Fraser MacRoberts
    Stockbroker goes into special administration
    2012-02-16

    Pritchard Stockbrokers Ltd has become the second firm to enter into the investment firms Special Administration Regime. FSA stopped the firm carrying out its business on 10 February because of serious concerns about the business and how the firm was handling investors’ money. WH Ireland has taken over the assets belonging to most of the firms’ customers. (Source: Stockbroker Goes Into Special Administration)

    Filed under:
    United Kingdom, Capital Markets, Insolvency & Restructuring, Dentons
    Authors:
    Josie Day
    Location:
    United Kingdom
    Firm:
    Dentons
    No notice of lack of authority
    2012-02-27

    Where there is no evidence of lack of authority in placing orders which have not been paid, the court refused to allow an injunction to restrain a winding-up petition.

    In the matter of A company (2012) (the company), a creditor had issued a statutory demand against it in relation to invoices for advertising placed with it by the company's sales and marketing manager (M) that were unpaid. The company argued that those orders had been placed without its authority and M admitted that she had exceeded her authority in so placing them.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Gowling WLG, Injunction
    Authors:
    Ian Weatherall , Greg Standing
    Location:
    United Kingdom
    Firm:
    Gowling WLG
    Woolies' final swan song...
    2012-02-29

    USDAW v WW Realisation 1 Limited (in Liquidation)

    You probably wouldn't recognise it from the case name but this case results from the closure of the much loved and sorely missed Woolworths.

    Employers are obliged to carry out collective consultation with appropriate representatives when proposing to dismiss 20 or more employees from an establishment over a 90-day period: the length of the consultation period is dependent on the number of employees being dismissed. 

    Filed under:
    United Kingdom, Employment & Labor, Insolvency & Restructuring, Litigation, Penningtons Manches Cooper LLP
    Authors:
    Sophie Roberts
    Location:
    United Kingdom
    Firm:
    Penningtons Manches Cooper LLP
    Supreme Court widens scope of ‘client money’
    2012-03-01

    The Supreme Court yesterday ruled that client money held in un-segregated accounts should be treated the same as client money held in segregated accounts, enabling un-segregated account holders to share in the client money pool on the insolvency of a firm with whom the account is held.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Litigation, RPC, Lehman Brothers, MiFID, Supreme Court of the United States
    Authors:
    Steve Wyndham
    Location:
    United Kingdom
    Firm:
    RPC
    FSDR e-briefing: Commercial agreements -v- commercial reality
    2012-03-01

    Commercial Agreements -v- Commercial Reality: Supreme Court further develops principles of contractual interpretation?

    Rainy Sky S.A. and others v Kookmin Bank [2011] UKSC 50

    Summary

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Shipping & Transport, Eversheds Sutherland (International) LLP
    Location:
    United Kingdom
    Firm:
    Eversheds Sutherland (International) LLP
    The Lehman client money judgment: Supreme Court upholds Court of Appeal decision
    2012-03-01

    The Supreme Court handed down its judgment in relation to the client money application in the matter of Lehman Brothers International (Europe) (LBIE). The judgment has a number of implications for firms who hold client money, and for firms who hold money with banks and other firms as clients themselves. The complicated and controversial nature of the appeal is reflected in the sharply opposing opinions of the Lords in relation to two of the three issues considered.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP, Lehman Brothers
    Authors:
    Martyn Hopper , Stephen Gale , Karen Anderson , Sarah Thomas , Patricia Horton
    Location:
    United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    Are you validly appointed?
    2012-01-27

    Appointing administrators out of court has been thrown into complete disarray following Sir Andrew Morritt’s comments in Minmar. In that case, he said a directors’ out of court appointment would have been invalid if the company had not been given notice of the intention to appoint administrators.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Mills & Reeve LLP, Insolvency Act 1986 (UK)
    Authors:
    Lino Di Lorenzo , Helen Prandy
    Location:
    United Kingdom
    Firm:
    Mills & Reeve LLP
    UK Government goes cold on 3 day cooling off period
    2012-01-27

    After nearly two years of discussion and consultation, the UK Government has today announced that it will not be seeking to introduce new legislative controls on pre-packs, including a proposed three day notice or "cooling off" period.

    The term “pre-pack” typically refers to a sale of all or part of a company’s business which is negotiated prior to the company going into administration and then completed by the administrator shortly after his appointment.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Public, Hogan Lovells
    Authors:
    Mathew Ditchburn , Daniel Norris
    Location:
    United Kingdom
    Firm:
    Hogan Lovells
    Competing rights
    2012-01-31

    In the recent English case of Pick v Chief Land Registrar [2011] EWHC 206(Ch), the High Court held that a buyer was entitled to be registered at the Land Registry as the registered proprietor of a property sold by a bankrupt. This was the case, even though the buyer allowed the priority period in which to effect registration to lapse, and the entry of a bankruptcy restriction was made on the title after the date of the transfer, but before the application for registration.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Real Estate, Shepherd and Wedderburn LLP, Bankruptcy, UK Land Registry, Insolvency Act 1986 (UK), High Court of Justice (England & Wales)
    Location:
    United Kingdom
    Firm:
    Shepherd and Wedderburn LLP

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