Banking Litigation Notes
Tag: insolvency
Showing 21 out of 21 results
High Court considers Quincecare and dishonest assistance claims against bank in context of Ponzi scheme
High Court orders expedition to determine issues relating to a financial restructuring given insolvency alternative
New Webcast Available: The new Corporate Insolvency and Governance Act 2020 - implications for financial institutions
Proposed insolvency reforms: impact on secured and unsecured bank debt
The new Corporate Insolvency and Governance Bill, currently expected to be enacted in mid-June 2020, is likely significantly to impact secured …
High Court upholds strike out of claim based on allegation a financial institution breached fiduciary duties as a shadow director of its customer
In a recent decision the High Court has held that a financial institution which is alleged to have been a shadow director of its customer will not be …
High Court confirms potential liability of creditors for breaches of duty by administrators
The decision in Davey v Money & Anor [2018] EWHC 766 (Ch) serves as a useful reminder for secured creditors (such as banks) of the …
UK Supreme Court clarifies the "balance-sheet" insolvency test
BNY Corporate Trustee Services Limited v Eurosail-UK 2007-3BL PLC [2013] UKSC 28 The Supreme Court has delivered a …
UK Supreme Court refuses to enforce US judgment made in insolvency proceedings against English resident defendants
In Rubin v Eurofinance SA [2012] UKSC 46, the Supreme Court (by a majority of 4 to 1) reversed the Court of Appeal’s unanimous decision and …
Delay to implementation of Jackson reforms in insolvency cases
In a written ministerial statement to Parliament yesterday, 24 May, the government has announced that CFA success fees and ATE insurance premiums will …