Mondaq UK: Insolvency/Bankruptcy/Re-structuring
TLT Solicitors
Insolvency Practitioners will need to be familiar with the changes and the obligations imposed upon them by the Recast EIR.
Gowling WLG
This month we review the court's view on open ended suspension of discharge from bankruptcy and the difficulty of 'substituting' a defendant in proceedings where the relevant limitation period has expired:
Dentons
These proceedings raised complex issues around the rights of creditors, some of which have not been examined for more than 100 years.
K&L Gates
The regime for dealing with insolvency proceedings within the European Union (EU) is about to become more coordinated.
Gowling WLG
This month we review some interesting developments in the finance sector, including the court's view on the existence of an 'intermediate' duty of care on lenders, the need to get the basics...
Debenhams Ottaway
The Ministry of Justice released the final version of the new pre-action protocol ("PAP") on the 21 March 2017.
Reed Smith (Worldwide)
In a judgment that will undoubtedly impact what has become fairly common practice when filing notices of intention to appoint an administrator ("NOITA"), the Court of Appeal has held in JCAM Commercial Real Estate Property XV Ltd v Davis Haulage Ltd that a company seeking to give notice of intention to appoint under paragraph 26 of Schedule B1 to the Insolvency Act 1986
Gowling WLG
This month the new Insolvency Rules 2016 came into force, replacing the Insolvency Rules 1986.
K&L Gates
The Insolvency Rules 2016 (the "2016 Rules") were laid before the UK Parliament on 25 October 2016, and will come into force on 6 April 2017.
Reed Smith (Worldwide)
After much consultation and debate, the Ministry of Justice has published the final version of the Pre-Action Protocol for Debt Claims (the Protocol), which is due to come into force on 1 October 2017.
Reed Smith (Worldwide)
The Insolvency Rules 2016 (the 2016 Rules) have effect from 6 April 2016. A key change introduced by the 2016 Rules is a new approach to decision making, including a deemed consent procedure.
Reed Smith (Worldwide)
In a decision this week, the English High Court has clarified the extent of a third party secured creditor's duties, when put on notice of a freezing order, and suggested a more limited duty than that previously articulated by the court.
Reed Smith (Worldwide)
The UK Court of Appeal recently considered the liability of issuers to secondary market investors under the Misrepresentation Act 1967 (the "1967 Act") in the case of Taberna Europe CDO II Plc v Selskabet (formerly Roskilde Bank A/S) (In bankruptcy) [2016] EWCA Civ 1262.
Reed Smith (Worldwide)
The consultation seeks feedback on proposed changes to the CASS rules affecting the return of client assets in light of the Regulations.
Taylor Wessing
Three Jersey companies were put into English administration on the basis that their COMI was within this jurisdiction.
Taylor Wessing
Trustees in bankruptcy issued an application for a declaration that a property owned by a company (the Property) was in fact owned by the bankrupt.
Reed Smith (Worldwide)
The recent case of South Coast Construction provides a helpful insight into the court's treatment of applications for permission to continue proceedings during the administration moratorium.
Taylor Wessing
A firm of solicitors borrowed money from the Respondent fund.
Debenhams Ottaway
A company is considered insolvent if it cannot pay its debts as and when they fall due.
Latham & Watkins
The claim arose from the long-running fallout from the multi-billion dollar dispute between the Al-Gosaibi family, Maan Al Sanea and the Saad Group of companies.
Most Popular Recent Articles
K&L Gates
The regime for dealing with insolvency proceedings within the European Union (EU) is about to become more coordinated.
TLT Solicitors
Insolvency Practitioners will need to be familiar with the changes and the obligations imposed upon them by the Recast EIR.
Gowling WLG
This month we review the court's view on open ended suspension of discharge from bankruptcy and the difficulty of 'substituting' a defendant in proceedings where the relevant limitation period has expired:
Dentons
These proceedings raised complex issues around the rights of creditors, some of which have not been examined for more than 100 years.
Gowling WLG
A question often asked by clients about to embark upon litigation is whether they can gain access to their opponent's liability insurance information or policy to determine if they are 'good for the money'.
K&L Gates
The Insolvency Rules 2016 (the "2016 Rules") were laid before the UK Parliament on 25 October 2016, and will come into force on 6 April 2017.
Gowling WLG
This month the new Insolvency Rules 2016 came into force, replacing the Insolvency Rules 1986.
Jameson Smith & Co
What started as one bill you had underestimated or not properly accounted for can quickly turn into a fight for survival.
Reed Smith (Worldwide)
In a judgment that will undoubtedly impact what has become fairly common practice when filing notices of intention to appoint an administrator ("NOITA"), the Court of Appeal has held in JCAM Commercial Real Estate Property XV Ltd v Davis Haulage Ltd that a company seeking to give notice of intention to appoint under paragraph 26 of Schedule B1 to the Insolvency Act 1986
Jameson Smith & Co
The definition of an insolvent company is one which can't pay its debts as and when they fall due; or, one with assets that are exceeded by its liabilities on the balance sheet.
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