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    MV “Sanko Mineral”
    2015-12-15

    8 fathom . AUGUST 2015 Shipping Case Digest |by Andrew Chiew Ean Vooi and Jennifer James Ilango| MV “Sanko Mineral” With the current downturn in the shipping industry, shipowner insolvency is often a concern. In the MV “Sanko Mineral” (the Sanko Mineral),1 we find juxtaposition between in rem proceedings in the Admiralty court and cross-border insolvency proceedings. (i) Tokyo insolvency proceedings In July 2012, the owners of the Sanko Mineral, Sanko Holdings (“Sanko”) entered into reorganisation proceedings under the Corporate Reorganisation Act in Japan.

    Filed under:
    United Kingdom, Arbitration & ADR, Insolvency & Restructuring, Litigation, Shipping & Transport, Lee Hishammuddin Allen & Gledhill, Arbitration clause, In rem jurisdiction
    Location:
    United Kingdom
    Firm:
    Lee Hishammuddin Allen & Gledhill
    Tensions between complying with insolvency and employment legal requirements
    2015-12-15

    In March 2015 the coalition government issued a call for evidence to understand in more detail the employee consultation process when a company is facing insolvency. Last month the government issued its Response. This attracted 28 responses from organisations including law firms, trade unions, insolvency practitioners and professional bodies.

    Filed under:
    United Kingdom, Employment & Labor, Insolvency & Restructuring, Taylor Wessing
    Authors:
    Kathryn Clapp , Vikki Wiberg
    Location:
    United Kingdom
    Firm:
    Taylor Wessing
    Real Estate Disputes Case Review 2015
    2015-12-16

    Real Estate Disputes Case Review 2015 In case you have missed the last 12 months’ most significant property cases, or would like a reminder, listed below is our monthly review of this year’s important cases. Briefing Real Estate December 2015 December 2014 Landlord protecting tenant’s deposits A landlord’s ability to seek possession of residential premises under section 21 of the Housing Act 1988 was considered when the tenant’s deposit had not been protected in an authorised scheme at the time of service of the notice.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Real Estate, Burges Salmon LLP, Landlord
    Location:
    United Kingdom
    Firm:
    Burges Salmon LLP
    Jackson reforms will apply to insolvency litigation from April 2016
    2015-12-17

    The government has today announced that the insolvency exception to the Jackson reforms will come to an end in April next year. This means that CFA success fees and ATE insurance premiums will no longer be recoverable in proceedings brought by liquidators, administrators, trustees in bankruptcy, and companies in liquidation or administration.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Insurance, Herbert Smith Freehills LLP
    Location:
    United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    The Pensions Regulator issues notes for insolvency practitioners in relation to the appointment of trustees and statutory notices
    2015-12-17

    Insolvency practitioners (‘IP’s) tasked with dealing with an often failing business for the purposes of protecting creditors’ interests face a number of issues. The Regulator has sought to provide clarity in two particular areas that IPs come across in their work by issuing notes (the ‘Notes’) on these issues (September 2015).

    Trustee Appointments

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Taylor Wessing, The Pensions Regulator (UK), Pensions Act 1995 (UK)
    Authors:
    Angela Sharma
    Location:
    United Kingdom
    Firm:
    Taylor Wessing
    Christmas comes early (for rogue directors and bankrupts): Hammer falls on insolvency LASPO exemption
    2015-12-17

    In a written statement this morning from Lord Faulks QC, Minister of State for Civil Justice, the government has announced that, from April 2016, insolvency litigation will no longer be exempt from what have been abbreviated to “the LASPO reforms”.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Insurance, Litigation, Paris Smith LLP
    Authors:
    Mike Pavitt
    Location:
    United Kingdom
    Firm:
    Paris Smith LLP
    Insolvency and employment law: an irreconcilable conflict in large-scale redundancies?
    2015-12-18

    This article was first published by The Gazette and the full article can be found online here. 

    Filed under:
    United Kingdom, Employment & Labor, Insolvency & Restructuring, Ashfords LLP
    Authors:
    Alan Bennett , Bethany Parr
    Location:
    United Kingdom
    Firm:
    Ashfords LLP
    Restructuring and insolvency update - 18 December 2015
    2015-12-18

    An update on recent changes

    1 October 2015 – A day of changes to insolvency law

    The start of October 2015 brought about important changes in insolvency law, affecting both creditors and debtors alike. The most notable changes are detailed below.

    Harmonising office holder claims in administration  and  liquidation

    Filed under:
    United Kingdom, Insolvency & Restructuring, Legal Practice, RPC
    Authors:
    Vivien Tyrell , Tim Moynihan
    Location:
    United Kingdom
    Firm:
    RPC
    The insolvent oligarch: the English High Court provides much needed guidance on quantifying liabilities in a deceased insolvent’s estate
    2015-12-21

    In Lockston Group Inc v Nicholas Stewart Wood [2015] EWHC 2962 (Ch), the English High Court held that foreign currency claims and claims for interest in a deceased insolvent's estate should be calculated at the date of death, rather than the date of any insolvency administration order. This case serves as a reminder of the importance of the pari passu principle in insolvency law and the requirement for a single date for ascertaining a deceased insolvent's liabilities.

    Facts

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP
    Authors:
    Richard Norridge , Joanna Caen
    Location:
    United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    Are gift card holders receiving better treatment in situations of insolvency? - A US vs UK comparison
    2015-12-21

    According to the UK Gift Card & Voucher Association, in 2014 the gift card and voucher market was worth £5.4 billion in the UK and $124 billion in the US. 

    Gift cards can confer numerous benefits on the retailer, including promotion, working capital and additional profit from up-spend, and are popular with consumers as a method of paying for goods and services in advance of receiving them. 

    Filed under:
    United Kingdom, USA, Company & Commercial, Insolvency & Restructuring, DLA Piper, Retail, Unsecured creditor
    Authors:
    Robert Russell
    Location:
    United Kingdom, USA
    Firm:
    DLA Piper

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