Litigation Notes
Tag: insolvency litigation
Showing 36 out of 41 results
Proposed insolvency reforms: Impact on supply chains and their customers
As previously noted, the new Corporate Insolvency and Governance Bill, currently expected to be enacted in mid-June 2020, is likely …
Corporate Insolvency and Governance Bill – major insolvency reforms proposed
The Government on 20 May 2020 published the Corporate Insolvency and Governance Bill, which contains the most far-reaching reforms to UK insolvency law …
High Court affirms orthodox application of directors’ no conflict duty in insolvency
The High Court has ruled that directors breached their duties by taking up the company’s business opportunity for their own benefit, even if the company …
Liquidator's firm ordered to pay costs of insolvent company's unsuccessful litigation
The High Court has ordered a liquidator's firm to pay a proportion of the costs incurred by successful defendants following judgment in proceedings …
High Court decision may make it more difficult to bring claims against foreign parties under section 423 Insolvency Act (transactions defrauding creditors)
The High Court has held that a claim by a creditor under section 423 of the Insolvency Act 1986 does not fall within the jurisdictional gateway …
Recast European Insolvency Regulation introduces new jurisdiction rules for insolvency-related claims
As a result of the Recast European Insolvency Regulation ("REIR"), which applies to insolvency proceedings commenced since 26 June this year, insolvency …
CJEU limits situations in which insolvency laws relating to transaction avoidance may override Parties' contractual choice of law
In a recent judgment, the Court of Justice of the European Union (CJEU) confirmed the extent to which an English law governed contract can be subject to …
Jackson reforms will apply to insolvency litigation from April 2016
The government has today announced that the insolvency exception to the Jackson reforms will come to an end in April next year. This means …
Lord Justice Jackson urges extension of his reforms to insolvency proceedings
In a lecture delivered on 16 October, Lord Justice Jackson has argued the case in favour of bringing insolvency litigation into line with other …
High Court considers interaction between recast Brussels Regulation, Insolvency Regulation and schemes of arrangement
A recent judgment of the High Court will serve to remind minority, overseas creditors of any company having a substantial connection with England that …
Article published on practical lessons for cross-border insolvency
Upon the insolvency of a foreign counterparty, recent judgments of the Supreme Court and Privy Council require an English party to navigate a complex …
Supreme Court takes restrictive approach to the opening of secondary proceedings in England under EC Insolvency Regulation
The Supreme Court has held that, in order to open secondary proceedings in England under EC Regulation 1346/2000 on Insolvency Proceedings, the …
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