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    Court of Appeal delivers important judgment on s.423 of the Insolvency Act 1986
    2023-06-30

    The Court of Appeal (Singh, Males, and Popplewell LJJ) has delivered an important judgment on the interpretation of s.423 of the Insolvency Act 1986 in Invest Bank PSC v El-Husseini[2023] EWCA Civ 555.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, XXIV Old Buildings, Supreme Court of the United States
    Authors:
    Daniel Warents
    Location:
    United Kingdom
    Firm:
    XXIV Old Buildings
    High Court grants beneficiaries’ claim for restoration of assets sold for an improper purpose
    2023-07-03

    Hugh Miall and James Fennemore acted for the successful claimant beneficiaries in an important decision concerning insolvent trusts and powers exercised for an improper purpose.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, XXIV Old Buildings, UK Supreme Court
    Authors:
    Hugh Miall , James Fennemore
    Location:
    United Kingdom
    Firm:
    XXIV Old Buildings
    Commercial Court finds that s.423 claims in respect of transfers of corporate assets do not raise a serious issue to be tried
    2022-05-18

    The Commercial Court (Andrew Baker J) has handed down judgment on a jurisdiction challenge inInvest Bank v El-Husseini[2022] EWHC 894 (Comm). Daniel Warents (whose oral submission to the Court were said to have been “very well presented”) and Emma Hughes acted for the first, third, and fourth defendants (instructed by Streathers Solicitors LLP).

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Litigation, XXIV Old Buildings
    Authors:
    Daniel Warents , Emma Hughes
    Location:
    United Kingdom
    Firm:
    XXIV Old Buildings
    Francis Tregear QC successful in US Bankruptcy Court
    2022-03-28

    Francis Tregear QC was instructed to act as an expert in English law for the successful party (“JPA”) in a dispute heard by Hon. David S Jones a judge in the Bankruptcy Court in the Southern District of New York.

    The case turned on English law relating to mortgages and equitable principles which are applicable to mortgages. The relevant English law fell to be applied in the context of aircraft finance for the purchase of two Airbus 350-941 aircraft.

    Filed under:
    United Kingdom, USA, Insolvency & Restructuring, Litigation, XXIV Old Buildings
    Authors:
    Francis Tregear KC
    Location:
    United Kingdom, USA
    Firm:
    XXIV Old Buildings
    Winding up an insolvent trust: An analogy with corporate insolvency law principles In re the ZII Trust and the ZIII Trust [2020] JRC 072
    2020-07-02

    PRIVATE CLIENT UPDATE: Issue no. 11, July 2020

    Introduction

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, XXIV Old Buildings
    Authors:
    Sparsh Garg
    Location:
    United Kingdom
    Firm:
    XXIV Old Buildings
    Willmott Growers Group v Willmott Forests Limited (In liquidation)
    2014-05-21

    04 December 2013
    [2013] HCA 51
    High Court of Australia (French CJ, Hayne J, Kiefel J and Gageler J; Keane J dissenting)

    The High Court of Australia held that liquidators of an insolvent lessor could disclaim a lease, and that this would terminate the lessee’s proprietary interest.

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, XXIV Old Buildings, Liquidation, Corporations Act 2001 (Australia), High Court of Australia
    Location:
    Australia
    Firm:
    XXIV Old Buildings
    Schmid v Hertel
    2014-05-21

    16 January 2014
    Case C-328/12
    Court of Justice of the European Union (Judges Tizzano, Lenaerts, Borg Barthet, Levits, Berger (Rapporteur))

    The Court of Justice extended the reach of the EU Insolvency Regulation to allow proceedings to set aside transactions to be brought against defendants resident in non-member states, confirming that it has universal effect.

    Filed under:
    European Union, Insolvency & Restructuring, Litigation, XXIV Old Buildings, Court of Justice of the European Union
    Location:
    European Union
    Firm:
    XXIV Old Buildings
    Isis Investments v Oscatello Investments
    2014-02-28

    27 November 2013

    [2013] EWCA Civ 1493 

    Court of Appeal (Longmore, Jackson, Vos LJJ)

    Which law applies to applications to bring additional claims?

    Filed under:
    Iceland, United Kingdom, Insolvency & Restructuring, Litigation, XXIV Old Buildings
    Location:
    Iceland, United Kingdom
    Firm:
    XXIV Old Buildings
    Bannai v Erez (Trustee in bankruptcy of Eli Reifman)
    2014-02-28

    26 November 2013

    [2013] EWHC 3689 (Comm)

    Commercial Court, Queen's Bench Division (Burton J)

    Foreign insolvency proceedings do not override arbitration agreements

    The trustee of a large bankruptcy in Israel commenced proceedings in the Israeli insolvency court against Dr Bannai to recover assets (worth $150m) said to be due to the bankrupt under a 2002 agreement.  The 2002 agreement was governed by English law and contained a London arbitration clause which it was accepted covered the claims in question.

    Filed under:
    Israel, United Kingdom, Insolvency & Restructuring, Litigation, XXIV Old Buildings, Bankruptcy
    Location:
    Israel, United Kingdom
    Firm:
    XXIV Old Buildings
    Re Brown Bear Foods; Shaw v Webb
    2014-05-21

    10 April 2014
    [2014] EWHC 1132 (Ch)
    Chancery Division (HHJ Simon Barker QC)

    Instead of making an administration order as sought and which was unopposed, the Court brought on an extant winding up petition for hearing and appointed a provisional liquidator.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, XXIV Old Buildings, High Court of Justice (England & Wales)
    Location:
    United Kingdom
    Firm:
    XXIV Old Buildings

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