Banking Litigation Notes
Tag: insolvency
Showing 18 out of 18 results
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 …