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    English court assists cryptocurrency fraud recovery - case relevant in other common law jurisdictions, including Australia
    2022-12-07

    In the recent case of LMN v Bitflyer Holdings Inc & Ors [2022] EWHC 2954, the High Court of England and Wales made orders directed at a number of cryptocurrency exchanges requiring them to provide information in relation to misappropriated crypto assets.

    Filed under:
    Australia, Singapore, United Kingdom, England & Wales, Banking, Insolvency & Restructuring, IT & Data Protection, Litigation, White Collar Crime, Ironbridge Legal, Fraud, Dispute resolution, Cryptocurrency, Asset recovery, Insolvency, House of Lords
    Authors:
    Trevor Withane
    Location:
    Australia, Singapore, United Kingdom
    Firm:
    Ironbridge Legal
    Last chance to get it right - pleading causation and quantum arising under s.212 (misfeasance) and/or s.214 (wrongful trading) Insolvency Act 1986.
    2022-12-08

    In a recent decision Chandler -v- Wright [2022] EWHC 2205 (Ch) - Mr Justice Edwin Johnson in the High Court has found that myriad claims against the former directors of the retailer BHS fall to be struck out in the context of the high-value, complex litigation being brought by the joint liquidators of the BHS companies against the former directors of those companies.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Hill Dickinson, Insolvency
    Location:
    United Kingdom
    Firm:
    Hill Dickinson
    Breathing Space and Mental Health Crisis Moratoriums - what do they mean for creditors?
    2022-12-08

    On 4th May 2021 the government introduced some new legislation, which seeks to help households cope with debt, entitled The Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England & Wales) Regulations 2020.

    The Regulations apply to debtors who reside or are domiciled in England and Wales, and largely to personal debts. Some business debts are eligible but not if they relate solely to the business and the debtor is VAT registered, or if the debtor is in partnership with someone else.

    Filed under:
    United Kingdom, Healthcare & Life Sciences, Insolvency & Restructuring, Boyes Turner LLP
    Authors:
    Natalie Roff
    Location:
    United Kingdom
    Firm:
    Boyes Turner LLP
    English Court considers whether a transfer of shares is good consideration to a validate a charge
    2022-12-08

    Re Bitumina Industries Ltd (in administration); Manning and another v Neste AB and another [2022].

    This was an application by joint administrators for directions on the validity of a floating charge granted to a connected party at a 'relevant time' and seemingly invalid under s245 of the Insolvency Act 1986 (the Act).

    Background

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Taylor Wessing, Insolvency
    Authors:
    Callum Chamberlain , Louise Jennings
    Location:
    United Kingdom
    Firm:
    Taylor Wessing
    Substantial disposals by administrators in the first 8 weeks: when is the purchaser a connected person?
    2022-12-05

    David Pollard has been looking at the statutory provisions dealing with substantial disposals by a company in administration in the first 8 weeks of the administration. When is a potential purchaser a connected person under the new provisions that come into force at the end of April 2021? The new legislation was the Administration (restrictions on Disposals etc to Connected Persons Regulations 2021 and para 60A in Schedule B1 to the Insolvency Act 1986.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Wilberforce Chambers, Insolvency
    Authors:
    David Pollard
    Location:
    United Kingdom
    Firm:
    Wilberforce Chambers
    What the crypto Winter means for insolvency- With distress in crypto hitting headlines, we unpack the key risks and legal issues facing the industry and investors
    2022-12-05

    There has been no shortage of high-profile insolvencies in the crypto market in recent months across a range of market participants and geographies. These include the US Chapter 11 and Bahamas provisional liquidation of FTX as well as the US Chapter 11 filings of BlockFi, Singapore-based crypto hedge fund ThreeArrows Capital, US-based lenders Celsius Network and Voyager Digital, US-based crypto mining data centre Compute North and German crypto bank Nuri.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP, Blockchain, Bitcoin, Cryptocurrency, Non-fungible tokens, Financial Conduct Authority (UK)
    Authors:
    John Chetwood , Andrew Cooke , Philip Lis , Alex Cravero , Vrinda Vinayak
    Location:
    United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    English court approves scheme despite creditors being subject to Russian sanctions
    2022-12-02

    Background
    Decision
    Key takeaways


    The recent High Court decision in Re Nostrum Oil & Gas plc [2022] EWHC 2249 (Ch) considers a scheme of arrangement where creditors are the target of Russian sanctions.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Taylor Wessing
    Authors:
    Louise Jennings
    Location:
    United Kingdom
    Firm:
    Taylor Wessing
    Mitigating supply chain insolvency risk
    2022-11-30

    Careful contract negotiation can limit the potential damage from insolvency in a construction firm’s supply chain.

    Filed under:
    United Kingdom, Construction, Insolvency & Restructuring, Stevens & Bolton LLP, Supply chain, Due diligence, Insolvency, Corporate Insolvency and Governance Act 2020
    Authors:
    Kimberley Eyssell , Lucy Trott
    Location:
    United Kingdom
    Firm:
    Stevens & Bolton LLP
    When is an Event of Default no longer "continuing" under the ISDA Master Agreement?
    2022-11-30

    When an Event of Default is "continuing" is not defined or addressed in the ISDA Master Agreement. Until now it does not appear to have been expressly considered in case law either.

    Filed under:
    European Union, United Kingdom, Derivatives, Insolvency & Restructuring, Litigation, Stephenson Harwood LLP, International Swaps and Derivatives Association
    Authors:
    Edward Davis , Rebecca Garrick
    Location:
    European Union, United Kingdom
    Firm:
    Stephenson Harwood LLP
    What is the state of crypto regulation after FTX’s collapse?
    2022-12-01

    FTX was the third-largest cryptocurrency exchange at one point, but came crashing down to earth in 2022 and filed for bankruptcy in the US on 11 November. The platform’s downfall has reignited the debate around the regulation of cryptocurrencies globally and in specific jurisdictions. Marc Jones considers the arguments here.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, IT & Data Protection, Stewarts, Cryptocurrency, Anti-money laundering, Financial Conduct Authority (UK), Bank of England, Financial Services and Markets Act 2000 (UK)
    Authors:
    Marc Jones
    Location:
    United Kingdom
    Firm:
    Stewarts

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