Litigation Notes

High Court finds mere recognition of foreign insolvency under Cross-Border Insolvency Regulations 2006 not sufficient to disapply "immovables rule"

Court of Appeal finds bankruptcy petition cannot be presented on basis of unrecognised foreign judgment

High Court finds time does not stop running for limitation purposes when a company enters administration

Cross-border insolvency: High Court balances interests of liquidators and former management in determining applications for information

Supreme Court confirms foreign trustee in bankruptcy cannot deal with English property due to the "immovables rule"

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

High Court dismisses liquidators' wide-ranging application for documents held by group company and its lawyers "in relation to" company in liquidation

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 …

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

Supreme Court decision gives further clarity on claims by distressed companies against directors

Although not directly concerned with directors' liabilities, the recent Supreme Court judgment in Stanford International Bank Ltd v HSBC Bank PLC [2022] …

What the Crypto Winter means for insolvency

There has been no shortage of high-profile insolvencies in the crypto market in recent months across a range of market participants and geographies. …