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Showing 48 out of 57 results
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 …
Court of Appeal finds trustees in bankruptcy could not waive bankrupt's privilege
In a recent judgment, the Court of Appeal has held that trustees in bankruptcy could not waive legal professional privilege of a bankrupt, even though …
Supreme Court decision highlights importance of contract terms in protecting principal from agent's insolvency
The Supreme Court has held that a principal was entitled to recover payments collected by its agent on its behalf following the agent's insolvency: …
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 …
Court of Appeal rejects illegality defence in claim against liquidator
The Court of Appeal has refused to allow a liquidator of a company that was the vehicle for a VAT fraud to rely on the defence of illegality in defending …
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 …
Showing 48 out of 57 results
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Alan Watts
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