High Court considers the balance sheet test of insolvency in the context of a securitisation transacion *

United Kingdom - August 19 2010
The recent descision of BNY v Eurosail is an important modern descision on the blance sheet test for insolvency.

Co-authors: Ken Baird.

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US bankruptcy judgment can be enforced by the English courts *

United Kingdom, USA - August 3 2010
The Court of Appeal uses common law principles to allow direct enforcement.

Co-authors: Ken Baird.

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A perpetual headache: ‘flip’ clause declared unenforceable by US Bankruptcy Court *

United Kingdom, USA - January 28 2010
The US Bankruptcy Court has issued a declaratory judgment that the relevant clause flipping priority from the swap counterparty to the noteholders constituted an ipso facto provision and was therefore unenforceable – a judgment that produces a different result under US law to that established by the Court of Appeal in the Perpetual Trustee case from November 2009.

Co-authors: Nick Segal.

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Court of Appeal rules on the scope of the ‘anti-deprivation’ rule *

United Kingdom - November 17 2009
In a much anticipated judgment the Court of Appeal has clarified the position regarding the anti-deprivation rule.

Co-authors: Ken Baird.

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Sigma Finance case overruled – a return to pari passu? *

United Kingdom - November 2 2009
A Supreme Court decision on 29 October 2009 has overturned the previous Court of Appeal ruling in relation to Sigma Finance (in administrative receivership) (Sigma).

Co-authors: Anne Sharp, Ken Baird.

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