Mondaq UK: Insolvency/Bankruptcy/Re-structuring
TLT Solicitors
The European Commission has published forms to be used under the Recast European Insolvency Regulation (Recast EIR).
Reed Smith (Worldwide)
The Recast Insolvency Regulation (Regulation 2015/848) will apply to all member states of the EU (with the exception of Denmark) in relation to insolvency proceedings opened on or after 26 June 2017.
TLT Solicitors
Insolvency Practitioners will need to be familiar with the changes and the obligations imposed upon them by the Recast EIR.
TLT Solicitors
The court has no jurisdiction to direct a bankrupt to waive privilege in any document, the High Court has ruled (Leeds v Lemos [2017] EWHC 1825 (Ch)).
4 New Square Chambers
The liability of trustees in bankruptcy to bankrupts is a curiously under-developed area of law.
TLT Solicitors
Bankruptcy and insolvency cases will be dealt with by the Business and Property Courts from 2 October 2017.
Gowling WLG
This month we consider the court's view on the extent to which firms' activities in handling complaints are themselves subject to adjudication by the Financial Ombudsman Service.
Gowling WLG
This month we review the court's view on open ended suspension of discharge from bankruptcy and the difficulty of 'substituting' a defendant in proceedings where the relevant limitation period has expired:
Dentons
These proceedings raised complex issues around the rights of creditors, some of which have not been examined for more than 100 years.
K&L Gates
The regime for dealing with insolvency proceedings within the European Union (EU) is about to become more coordinated.
Gowling WLG
This month we review some interesting developments in the finance sector, including the court's view on the existence of an 'intermediate' duty of care on lenders, the need to get the basics...
Debenhams Ottaway
The Ministry of Justice released the final version of the new pre-action protocol ("PAP") on the 21 March 2017.
Reed Smith (Worldwide)
In a judgment that will undoubtedly impact what has become fairly common practice when filing notices of intention to appoint an administrator ("NOITA"), the Court of Appeal has held in JCAM Commercial Real Estate Property XV Ltd v Davis Haulage Ltd that a company seeking to give notice of intention to appoint under paragraph 26 of Schedule B1 to the Insolvency Act 1986
Gowling WLG
This month the new Insolvency Rules 2016 came into force, replacing the Insolvency Rules 1986.
K&L Gates
The Insolvency Rules 2016 (the "2016 Rules") were laid before the UK Parliament on 25 October 2016, and will come into force on 6 April 2017.
Reed Smith (Worldwide)
After much consultation and debate, the Ministry of Justice has published the final version of the Pre-Action Protocol for Debt Claims (the Protocol), which is due to come into force on 1 October 2017.
Reed Smith (Worldwide)
The Insolvency Rules 2016 (the 2016 Rules) have effect from 6 April 2016. A key change introduced by the 2016 Rules is a new approach to decision making, including a deemed consent procedure.
Reed Smith (Worldwide)
In a decision this week, the English High Court has clarified the extent of a third party secured creditor's duties, when put on notice of a freezing order, and suggested a more limited duty than that previously articulated by the court.
Reed Smith (Worldwide)
The UK Court of Appeal recently considered the liability of issuers to secondary market investors under the Misrepresentation Act 1967 (the "1967 Act") in the case of Taberna Europe CDO II Plc v Selskabet (formerly Roskilde Bank A/S) (In bankruptcy) [2016] EWCA Civ 1262.
Reed Smith (Worldwide)
The consultation seeks feedback on proposed changes to the CASS rules affecting the return of client assets in light of the Regulations.
Most Popular Recent Articles
4 New Square Chambers
The liability of trustees in bankruptcy to bankrupts is a curiously under-developed area of law.
Pinsent Masons LLP
The more burdensome 1930 regime governing the rights of third parties to claim directly against insurers of insolvent defendants will continue to apply where the cause of action accrued and the defendant...
TLT Solicitors
Bankruptcy and insolvency cases will be dealt with by the Business and Property Courts from 2 October 2017.
Gowling WLG
Less than a year after it came into effect on 1 August 2016, the first judgment in relation to the Third Parties (Rights against Insurers) Act 2010 (the TP Act 2010)...
TLT Solicitors
The European Commission has published forms to be used under the Recast European Insolvency Regulation (Recast EIR).
TLT Solicitors
The court has no jurisdiction to direct a bankrupt to waive privilege in any document, the High Court has ruled (Leeds v Lemos [2017] EWHC 1825 (Ch)).
Gowling WLG
This month we consider the court's view on the extent to which firms' activities in handling complaints are themselves subject to adjudication by the Financial Ombudsman Service.
K&L Gates
The regime for dealing with insolvency proceedings within the European Union (EU) is about to become more coordinated.
K&L Gates
The Insolvency Rules 2016 (the "2016 Rules") were laid before the UK Parliament on 25 October 2016, and will come into force on 6 April 2017.
Taylor Wessing
Eight years ago, Nortel Networks Inc. and many affiliates filed multiple insolvency proceedings, across Europe, the US, and Canada.
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