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    Sian v Halimedia: Insolvency vs Arbitration - Article by Ernest Leung cited in recent Privy Council decision
    2024-06-21

    In Sian Participation Corp v Halimedia International Ltd [2024] UKPC 16, Lords Briggs and Hamblen considered the issue of whether insolvency proceedings should be stayed where the underlying debt was covered by an arbitration agreement.

    Filed under:
    United Kingdom, Arbitration & ADR, Insolvency & Restructuring, Litigation, Wilberforce Chambers, Insolvency, Privy Council (UK)
    Authors:
    Ernest Leung
    Location:
    United Kingdom
    Firm:
    Wilberforce Chambers
    Judgment handed down in Re BHS Group Ltd
    2024-06-11

    The much-anticipated BHS judgment is here.

    For those without the time to digest all 533 pages immediately, we have summarised the key points below:

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Wilberforce Chambers, Liquidator (law)
    Authors:
    Lexa Hilliard KC , Rachael Earle
    Location:
    United Kingdom
    Firm:
    Wilberforce Chambers
    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
    Key Privy Council decision: Equity Trust (Jersey) Ltd v Halabi
    2022-10-13

    The Privy Council has handed down judgment in two appeals (ETJL v Halabi; ITGL v Fort Trustees [2022] UKPC 36) concerning the nature and scope of the right of a trustee to recover from or be indemnified out of trust assets in respect of liabilities and other expenditure properly incurred by the trustee. A seven-member Board was convened because the Privy Council was asked to reconsider part of its decision in Investec Trust (Guernsey) Ltd v Glenalla Properties Ltd [2019] AC 271.

    Filed under:
    Jersey, United Kingdom, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, Wilberforce Chambers, Insolvency
    Authors:
    James Goodwin , Clare Stanley KC
    Location:
    Jersey, United Kingdom
    Firm:
    Wilberforce Chambers
    Counsel General for Wales & Ors v Gareth Allen (as Official Receiver) & Ors
    2022-03-30

    On Monday last week, the High Court handed down judgment in Counsel General for Wales & Ors v Gareth Allen (as Official Receiver) & Ors [2022] EWHC 647 (Ch).

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Wilberforce Chambers
    Authors:
    Daniel Petrides , Daniel Scott , Thomas Robinson
    Location:
    United Kingdom
    Firm:
    Wilberforce Chambers
    Al Jaber and others v Mitchell and others [2021] EWCA Civ 1190
    2021-08-06

    Last Friday, the Court of Appeal handed down judgment in Al Jaber v Mitchell [2021] EWCA Civ 1190, a keenly awaited decision which considers with the application of the doctrine of immunity from suit to statements given by a former director during an examination under section 236 Insolvency Act 1986.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Wilberforce Chambers
    Authors:
    Clare Stanley KC , Lemuel Lucan-Wilson
    Location:
    United Kingdom
    Firm:
    Wilberforce Chambers
    Mitchell v Al Jaber [2021] EWHC 912 (Ch)
    2021-05-05

    The High Court has had to grapple with the application of witness immunity and the unique examination process under section 236 Insolvency Act 1986. Witness immunity (or immunity from suit) provides that no witness, party, counsel or judge may be liable for words spoken or evidence given in court proceedings; it is an absolute immunity from any civil proceedings based on such conduct.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Wilberforce Chambers
    Authors:
    Clare Stanley KC , Lemuel Lucan-Wilson
    Location:
    United Kingdom
    Firm:
    Wilberforce Chambers
    Speak no evil: Section 236 examinees and immunity from suit
    2021-05-05

    The High Court has had to grapple with the application of witness immunity and the unique examination process under section 236 Insolvency Act 1986. Witness immunity (or immunity from suit) provides that no witness, party, counsel or judge may be liable for words spoken or evidence given in court proceedings; it is an absolute immunity from any civil proceedings based on such conduct.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Wilberforce Chambers
    Authors:
    Clare Stanley KC , Lemuel Lucan-Wilson
    Location:
    United Kingdom
    Firm:
    Wilberforce Chambers
    Effect on Brexit on Part 26A Arrangements and Reconstructions
    2021-02-09

    To download and read this piece as a pdf, please click here.

    Filed under:
    European Union, United Kingdom, Insolvency & Restructuring, Litigation, Public, Wilberforce Chambers, Brexit
    Authors:
    Daniel Lewis
    Location:
    European Union, United Kingdom
    Firm:
    Wilberforce Chambers
    Freezing orders in the Cayman Islands pursuant to the Fraudulent Dispositions Law and a tortious conspiracy: Raiffeisen International Bank AG v Scully Royalty Ltd
    2020-08-04

    On 7 July 2020 Parker J, sitting in the Grand Court of the Cayman Islands, handed down his written reasons for orders that he had made earlier this year in favour of Raiffeisen International Bank AG (‘RBI’), which amongst other things continued a worldwide freezing order (“WFO”) and notification injunction against the NYSE-listed Cayman parent company, Scully Royalty Limited (“SRL”), of the MFC Group.

    Filed under:
    Cayman Islands, United Kingdom, Insolvency & Restructuring, Litigation, Wilberforce Chambers
    Authors:
    Elizabeth Houghton , Tim Penny
    Location:
    Cayman Islands, United Kingdom
    Firm:
    Wilberforce Chambers

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