Litigation Notes
Tag: insolvency litigation
Showing 24 out of 41 results
Court of Appeal rules foreign receiver cannot deal with English property due to the "immoveables rule"
The Court of Appeal has confirmed that the High Court was right to restrict the assistance an English court could give to a Russian trustee in bankruptcy …
High Court refuses to stay proceedings against English domiciled defendant in light of pending Ukrainian insolvency proceedings
The High Court has rejected a challenge to its jurisdiction brought by a defendant who was found to be domiciled in England, and who was also a party to …
High Court rejects jurisdiction challenge on the basis that claim regarding contractual obligation to provide information did not derive from French insolvency proceedings
The High Court has ruled that a claim for a declaration regarding a borrower's obligations to provide information under a facility agreement was not …
Witness immunity rule did not apply to examination conducted under s.236 of the Insolvency Act 1986
The High Court has held that an examination conducted pursuant to an order made under s.236 of the Insolvency Act 1986 ("IA") did not attract witness …
Part 26A restructuring plans – most significant change in 20 years
The court ruling yesterday in Re Virgin Active Holdings Limited [2021] EWHC 1246 has paved the way for restructuring plans under Part 26A to the …
Impact of Brexit on applicable law in cross-border insolvencies
From 31 December 2020, the European Regulation on Insolvency Proceedings (the “EIR”) ceased to apply in the UK. As a result: The EIR provides the rules …
Cross-border insolvencies in the UK and the EU – a quick guide
Our Restructuring, Turnaround and Insolvency team has published a quick guide to the implications of Brexit for cross-border insolvencies, given the …
High Court refuses to strike out claim for relief under section 423 of the Insolvency Act 1986 despite lack of connecting factors between the defendant and the jurisdiction
The High Court has dismissed a strike out application in respect of a claim brought under section 423 of the Insolvency Act 1986 (“IA 1986”) in respect …
New series of webcasts on the Corporate Insolvency and Governance Act 2020
The new Corporate Insolvency and Governance Act 2020, which came into effect on 26 June 2020, could have a significant impact on companies in distress …
Article published – Wasted breath? Insolvency reforms in response to Covid-19
The Corporate Insolvency and Governance Act 2020 introduces sweeping insolvency reforms in response to the business impacts of Covid-19, designed "to …
Catalyst // Pressure Points: Disputes risks - new guide on dispute risks arising out of the Covid-19 pandemic
Herbert Smith Freehills has published a new guide exploring a number of areas in which we anticipate that disputes may arise around the globe as a result …
High Court holds s.236(3) of the Insolvency Act 1986 does not have extra-territorial effect, except where the EU Insolvency Regulation applies
The High Court has held that s.236 of the Insolvency Act 1986 (“IA 1986”) does not have extra-territorial effect, so that the court is not generally …
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