Skip to main content
Enter a keyword
  • Login
  • Home

    Main navigation

    Menu
    • US Law
      • Chapter 15 Cases
    • Regions
      • Africa
      • Asia Pacific
      • Europe
      • North Africa/Middle East
      • North America
      • South America
    • Headlines
    • Education Resources
      • ABI Committee Articles
      • ABI Journal Articles
      • Covid 19
      • Conferences and Webinars
      • Newsletters
      • Publications
    • Events
    • Firm Articles
    • About Us
      • ABI International Board Committee
      • ABI International Member Committee Leadership
    • Join
    Don’t waste my time, Mr Insolvency Practitioner: Creditor Portals do not equal Creditor Engagement
    2016-02-08

    So-called “Creditor Portals”, and other similarly titled electronic platforms by which insolvency practitioners typically circulate any meaningful information to creditors about insolvent estates, have been a bugbear of mine ever since they were first used a little while ago. Don’t get me wrong; I absolutely applaud the attempt which they represent to minimise the amount of unnecessary paperwork circulating around the country and the savings of cost which they bring to the administration of insolvent estates where the cost of copying and posting alone would be absolutely frightening today.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Paris Smith LLP
    Authors:
    Mike Pavitt
    Location:
    United Kingdom
    Firm:
    Paris Smith LLP
    Redundancies in Insolvent Businesses: A Warning for Employers
    2016-02-09

    When a company is facing financial difficulties, the Directors of that company should be aware to the procedures that must be followed in relation to redundancies in order to avoid prosecution.

    Filed under:
    United Kingdom, Employment & Labor, Insolvency & Restructuring, Litigation, Ashfords LLP
    Authors:
    Charles Pallot
    Location:
    United Kingdom
    Firm:
    Ashfords LLP
    In Focus - Real Estate Dispute Resolution - A balanced view
    2016-02-09

    A balanced view A quarterly update from our Real Estate Dispute Resolution team Winter/ Spring 2015/2016 Real Estate Dispute Resolution Issue 12 Contents Welcome to the Winter 2015/2016 edition of Eversheds In Focus. Since our Autumn 2015 edition, the Courts have considered a number of important cases on issues ranging from break options, the legitimacy of controversial rates avoidance schemes, relief from forfeiture, specific performance of contractual obligations and what constitutes a penalty payment.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Real Estate, Eversheds Sutherland (International) LLP
    Location:
    United Kingdom
    Firm:
    Eversheds Sutherland (International) LLP
    Section 236, extra-territorial effect and a way forward following Re MF Global UK Ltd and Re Omni Trustees Ltd
    2016-02-10

    The recent decisions in Re MF Global UK Ltd and Re Omni Trustees Ltd give conflicting views as to whether section 236 of the Insolvency Act 1986 has extra-territorial effect. In this article, we look at the reasoning in the two judgments and discuss a possible further argument for extra-territorial effect.

    The conflicting rulings on section 236

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Extraterritoriality, Insolvency Act 1986 (UK)
    Authors:
    Mark Lawford , Lindsay Merritt
    Location:
    United Kingdom
    Firm:
    Weil Gotshal & Manges LLP
    Duties and Liabilities of Directors in the United Arab Emirates
    2016-02-10

    The duties and obligations of directors in the United Arab Emirates (UAE) are drawn from various legislative sources, there is no consolidated legislative framework dealing with the duties and obligations of directors under UAE Law. Note that under UAE law the terms “manager” and “director” are used interchangeably. As such, any reference in this memorandum to the foregoing terms should be construed as one and the same, where possible we have used the generic term “director” to avoid potential confusion.

    Applicable Law 

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Private Client & Offshore Services, Squire Patton Boggs
    Authors:
    Douglas G. Smith , Mark J. Gilligan
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    Privy Council finds implied jurisdiction agreement sufficient for enforcement of foreign judgment under common law
    2016-02-10

    The Privy Council has held that a foreign default judgment can be enforced under the common law where a jurisdiction agreement in favour of that country can be implied or inferred. It is not necessary for there to be an express jurisdiction agreement: Vizcaya Partners Limited v Picard and another (Gibraltar) [2016] UKPC 5.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP, Default judgment, Common law
    Location:
    United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    Scottish Debt Recovery Procedures
    2016-02-11

    Obtaining Decree

    In most circumstances, court proceedings will need to be raised by creditors to recover outstanding sums owed. Depending on the amount due, the action will be a Small Claim (up to and including £3,000) a Summary Cause (over £3,000 and up to and including £5,000) or an Ordinary Action (over £5,000). 

    After obtaining a Decree (or judgement in England) there are a number of steps that can be taken, if the debtor does not make payment, to recover the outstanding debt. In Scotland this process is known as “diligence”. 

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, DWF LLP, Debtor, Debt
    Authors:
    Philip Knight
    Location:
    United Kingdom
    Firm:
    DWF LLP
    Capital received on winding-up a company could be taxed as income from April 2016: should you wind-up your company?
    2016-02-11

    Finance Bill 2016 includes provisions designed to prevent taxpayers converting profits generated in a company into a capital receipt in the hands of the shareholder(s). Taxpayers may want to consider winding-up their companies or making substantial dividend distributions ahead of 6 April 2016 as a result of these measures and the changes to the taxation of dividends.

    Broadly, the intention is that a capital distribution made in the winding-up of a company will be taxed as income if:

    Filed under:
    United Kingdom, Insolvency & Restructuring, Tax, Bryan Cave Leighton Paisner, Shareholder, Dividends, Liquidation
    Authors:
    Alison Cartin , Damian Bloom
    Location:
    United Kingdom
    Firm:
    Bryan Cave Leighton Paisner
    Is a company voluntary arrangement (CVA) a watershed to reduce rent?
    2016-02-15

    Since Retail Acquisitions acquired BHS it has been rationalising its stores as well as other measures in order to turn its fortunes around. However that may not be enough because it believes it is paying considerably more than the market rate on some of its premises.

    In order to implement overhead reductions, it may prepare proposals for a CVA, to reduce its rental liability, and perhaps its overall position with creditors, depending on how the restructure is planned.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Wilder Coe
    Authors:
    Norman Cowan
    Location:
    United Kingdom
    Firm:
    Wilder Coe
    Jackson gives another push towards fixed costs - now in claims worth up to £250,000
    2016-01-29

    It was anticipated that more radical thoughts would emerge from Lord Justice Jackson’s latest speech last night to the Insolvency Practitioners’ Association on the subject of rolling out more fixed costs, and so it proved.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, DWF LLP
    Authors:
    Simon Denyer
    Location:
    United Kingdom
    Firm:
    DWF LLP

    Pagination

    • First page « First
    • Previous page ‹‹
    • …
    • Page 475
    • Page 476
    • Page 477
    • Page 478
    • Current page 479
    • Page 480
    • Page 481
    • Page 482
    • Page 483
    • …
    • Next page ››
    • Last page Last »
    Home

    Quick Links

    • US Law
    • Headlines
    • Firm Articles
    • Board Committee
    • Member Committee
    • Join
    • Contact Us

    Resources

    • ABI Committee Articles
    • ABI Journal Articles
    • Conferences & Webinars
    • Covid-19
    • Newsletters
    • Publications

    Regions

    • Africa
    • Asia Pacific
    • Europe
    • North Africa/Middle East
    • North America
    • South America

    © 2025 Global Insolvency, All Rights Reserved

    Joining the American Bankruptcy Institute as an international member will provide you with the following benefits at a discounted price:

    • Full access to the Global Insolvency website, containing the latest worldwide insolvency news, a variety of useful information on US Bankruptcy law including Chapter 15, thousands of articles from leading experts and conference materials.
    • The resources of the diverse community of United States bankruptcy professionals who share common business and educational goals.
    • A central resource for networking, as well as insolvency research and education (articles, newsletters, publications, ABI Journal articles, and access to recorded conference presentation and webinars).

    Join now or Try us out for 30 days