‘News that the UK government is set to intervene in the financial problems at Birmingham City Council has again focused attention on the statutory provisions that apply where a local authority in England finds itself in severe financial straits.’
OUT-LAW.com, 22nd September 2023
Source: www.pinsentmasons.com
‘The Financial Services Compensation Scheme (FSCS) does not have to compensate policyholders for the legal costs they were awarded after taking legal action against an insurer that became insolvent before paying them, the Court of Appeal has ruled.’
Legal Futures, 14th September 2023
Source: www.legalfutures.co.uk
‘A new ruling by the UK Supreme Court, coupled with another recent judgment, will support trustees in bankruptcy in carrying out their duties free from undue interference, an insolvency law expert has said.’
OUT-LAW.com, 10th August 2023
Source: www.pinsentmasons.com
‘Legal professional privilege should not apply in a case where there is a “very good arguable case” that a client used global firm DLA Piper’s services to assist a fraud, the High Court has ruled.’
Legal Futures, 2nd August 2023
Source: www.legalfutures.co.uk
‘Karen Morean and William O’Brien outline how creditor local authorities can challenge a company voluntary arrangement.’
Local Government Lawyer, 30th June 2023
Source: www.localgovernmentlawyer.co.uk
‘A recent ruling of the English High Court found that a genuine attempt to restructure a company did not amount to an ‘informal winding-up’ in contradiction of insolvency laws on the distribution of assets to creditors.’
OUT-LAW.com, 20th June 2023
Source: www.pinsentmasons.com
‘Sixty-four former employees of One Legal – the alternative business structure that owned two criminal law firms – have been granted full protective awards because they were made redundant without notice.’
Legal Futures, 21st June 2023
Source: www.legalfutures.co.uk
‘Licensing is the backbone of many businesses, but many are unaware of how the current economic downturn could affect their operations as both licensees and licensors.’
OUT-LAW.com, 30th May 2023
Source: www.pinsentmasons.com
‘In a complex piece of litigation in which international fraud is alleged, four defendants contested the jurisdiction of the English courts to hear the claims and the associated insolvency applications. Applying the two-stage test in Spiliada Maritime Corp v Cansulex Ltd [1987], the Court dismissed the applications.’
Mills & Reeve, 3rd April 2023
Source: www.mills-reeve.com
‘In this post, Ingrida Jakuseva, a paralegal within the Litigation and Arbitration department at CMS, previews the decision awaited from the Supreme Court in R (on the application of Palmer) v Northern Derbyshire Magistrates Court and Anor. The application for permission to appeal will be heard by the Supreme Court on 8 March 2023.’
UKSC Blog, 1st March 2023
Source: ukscblog.com
‘The takeover of the collapsed energy supplier Bulb in a deal which would create the UK’s third largest gas and electricity provider has been approved in a London court.’
The Guardian, 30th November 2022
Source: www.theguardian.com
‘The Insolvency and Companies Court has recognised Chapter 11 Proceedings in the US in respect of the manufacturer of controversial surgical mesh products which have generated a significant number of claims worldwide. The British Claimants have had their claims stayed as a result of this recognition.’
Gatehouse Chambers, 11th October 2022
Source: gatehouselaw.co.uk
“The Brake v Axnoller litigation reaches the Court of Appeal again, this time on the unlawful eviction claim concerning the cottage, which the Brakes had lost at first instance. In what is the stamp of this sprawling array of litigation, there are some deeply recherché issues of law. In a development that is less common, the Brakes partly won – though what the significance of this is remains deeply unclear.”
Nearly Legal, 16th October 2022
Source: nearlylegal.co.uk
“The Supreme Court has handed down a significant judgment in BTI 2014 LLC v Sequana SA. It addresses the existence, substance and circumstances of the ‘creditor duty’ – the duty of company directors to consider or act in accordance with the interests of companies’ creditors in the context of prospective insolvency.”
Law Society's Gazette, 14th October 2022
Source: www.lawgazette.co.uk
‘Company directors need to remain wary of their duty to consider the interests of creditors in certain circumstances, despite a new UK Supreme Court ruling that they are likely to welcome, experts have said.’
OUT-LAW.com, 10th October 2022
Source: www.pinsentmasons.com
‘This appeal raised questions of considerable importance for company law. It provides the first opportunity for the Supreme Court to consider the existence, content and engagement of the so-called “creditor duty”: the alleged duty of company directors to consider, or to act in accordance with, the interests of the company’s creditors when the company becomes insolvent, or when it approaches, or is at real risk of, insolvency.’
UKSC Blog, 5th October 2022
Source: ukscblog.com
‘I appreciate that some of you might be reading this blog on your summer holidays, so you may well have far better things to be doing with your time (ordering another piña colada perhaps?). I will therefore keep the blog short – what might be termed a “blogette”. As one would expect over the summer break, there haven’t been many reported TCC cases recently and so the case I want to discuss today is from June, namely ML Hart Builders Ltd (in liquidation) v Swiss Cottage Properties Ltd, which is a judgment of Mr Roger Ter Haar QC sitting as a deputy High Court judge.’
Practical Law: Construction Blog, 17th August 2022
‘A Lincoln student has been banned from running a company for 10 years after abusing a Covid recovery loan.’
BBC News, 8th August 2022
Source: www.bbc.co.uk
‘Despite the UK’s intention to be a global leader in cryptoassets, the courts are still wrestling with the basics: Rachel Coyle of 36 Commercial explains why it’s time to get to grips with the insolvency context.’
New Law Journal, 8th July 2022
Source: www.newlawjournal.co.uk
‘In its decision in Bresco v Lonsdale, the Supreme Court confirmed that insolvent companies have the statutory and contractual right to adjudicate construction disputes, even if that claim is affected by insolvency set-off.’
Practical Law: Construction Blog , 29th June 2022
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