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UK Companies Court will not fetter its Winding Up Jurisdiction to Specialist...
Timothy Jarvis, one of our tax strategy and benefits partners was interviewed this month by LexisNexis for his analysis of the recent decision of the Court of Appeal in the case of Changtel Solutions...
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Challenge to Time Costs Goes into Overtime
Creditors have the right to challenge the remuneration and expenses of appointed administrators through the Court. There is a procedure set out in Rule 2.109(1B) Insolvency Rules including a time...
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Why St Patrick was an Insolvency Litigator
Health Warning: This Blog may not be historically accurate If, like me, you have recently attended one of the many St Patrick’s Day parades that have taken place across the UK and worldwide, you are no...
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Tick Tock: What Fees are On the Clock? Increased Scrutiny of Insolvency...
The UK Government announced plans in parliament on 3 March 2015 requiring insolvency practitioners to provide an upfront estimate of their fees for creditor approval, where they are charging on a...
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Retention of Title Agreements as Creditor Protection Against Insolvent German...
This post addresses the question of how retention of title (“ROT”) provisions are effectively agreed to as part of the contractual relationship between a supplier and its German customer under German...
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European Court of Justice Rules on Applicable Law in Cross-border Clawback...
On April 16, 2015, the European Court of Justice (“ECJ”) provided guidance on the interpretation of Article 13 of the EC Regulation on Insolvency Proceedings (the “Regulation”) in the case Lutz v...
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Taking it to the Wire – PPF deny Rogue’s Charter?
In February this year, Squire colleagues Paul Muscutt and Helen Kavanagh wrote about the Carrington Wire Defined Benefit Pension Scheme, where the UK Pensions Regulator accepted a payment of £8.5m to...
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How the Financial Crisis in Spain has Affected Enforcement of Secured Loans
TMA Europe held its second roundtable discussion in Madrid, Spain on Thursday May 28, 2015. The Roundtable featured a panel of senior professionals from central banks, regulators and law firms,...
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Ulterior motive not an abuse of process in winding up?
A recent English High Court decision has further clarified the position on what amounts to an “abuse of process” when it comes to determining the motive behind the presentation of a winding up petition...
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Aristophil: French Art World Rocked by Suspected “Ponzi” Scheme
A scandal in the world of letters and old manuscripts would not have gone unnoticed and the French case of Aristophil has lead to extensive press coverage; a massive fraud is suspected with thousands...
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Litigants Beware – No Second Bite At The Cherry
On Friday 11 September in the High Court in London, Mr E Murray (sitting as a Deputy High Court Judge), handed down a reserved judgment: Clutterbuck & Paton v William Cleghorn (as Judicial Factor...
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Using the “evasion principle” to pierce the corporate veil in UK bankruptcy
The English High Court has granted an injunction to trustees in bankruptcy and pierced the corporate veil of companies which were operated by a bankrupt as his agents and nominees and which held assets...
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Robin Hood’s Wrongful Deeds
The English High Court has, in one of the few successful cases on wrongful trading, clarified when directors ought to know that there is no reasonable prospect of avoiding insolvent liquidation and...
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Powerful Changes to UK Insolvency Legislation – Are You Ready?
On 1 October 2015, several changes to UK insolvency legislation are coming into force. Insolvency practitioners and stakeholders should take note of the following key amendments to make sure they are...
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Interest Hedging Reviews…….it’s not over yet…….
The FCA’s review into the sale of interest rate hedging products by Banks has been ongoing since June 2012. Following a pilot phase, the full review started in May 2013 and over 17,000 businesses have...
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Australian Full Federal Court Recognises Market-Based Causation
A landmark decision of the Australian Full Federal Court will allow the Applicants to plead market-based causation for claims for misstatements and omissions in an IPO and short form prospectus and for...
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‘Safe Harbour’ For Insolvent Trading: Australian Reforms Encourage Business...
In December 2015, as part of its National Innovation and Science Agenda, the Federal Government announced a proposal to introduce a ‘safe harbour’ for directors from personal liability for insolvent...
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France names 18 Specialised Commercial Courts to deal with Largest Insolvencies
The Macron law of 7 August 2015, named after the current Minister of the Economy, anticipated the establishment of specialised commercial courts which will process the most complex insolvency...
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Exercising Discretion- when does a Debtor run out of time?
When will the Court exercise its discretion to adjourn a bankruptcy petition or make an immediate bankruptcy order? The recent Bankruptcy Court decision of Aabar Block Sarl v Maud provided...
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Insolvency Claims Under LASPO: “Use it or Lose it”
Unless you have been living in a cave, you will have heard the very disappointing news that the current exemption to the Jackson reforms for insolvency claims under the Legal Aid, Sentencing and...
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