Litigation Notes

High Court removes administrators as a result of a conflict of interest

The immovables rule: Exceptions and implications for foreign insolvency office holders – Guidance from recent cases

High Court applies "immovables rule" in rejecting stay on creditor enforcement against immovable property in England

Supreme Court confirms the types of defendant who can be liable for fraudulent trading

Litigation privilege: High Court takes realistic approach in finding privilege applied to witness interviews conducted by administrators

Privy Council changes English law on the intersection of insolvency and arbitration

The decision means the parties' choice of dispute resolution forum should not impact a creditor's ability to engage the insolvency process where …

Commercial litigation podcast series – Episode 21: General update

Carillion director disqualification proceedings – Insolvency Service drops proceedings against non-executive directors in so-called "test case"

High Court gives guidance on the so-called creditor duty where a company faces solvency-threatening claim

In a recent case, the High Court has had one of its first opportunities to consider BTI v Sequana [2022] UKSC 25 (see our previous update here), in which …

Transactions defrauding creditors: Court of Appeal favours wide interpretation of s.423 Insolvency Act 1986

Commercial litigation podcast series – Episode 16: General update

Court of Appeal interprets settlement agreement as releasing party's own affiliates, including former administrators and their solicitors

The Court of Appeal has held that a settlement agreement between a bank and a group of companies which included releases of the parties' affiliates …