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Enforcing insolvency orders in England & Wales following Rubin v Eurofinance

RPC
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United Kingdom
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January 17 2013

The UK Supreme Court judgment in the conjoined cases of Rubin and another v Eurofinance SA and others and New Cap Reinsurance Corporation (in

Rubin v Eurofinance SC decision case comment

RPC
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United Kingdom
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October 25 2012

The UK Supreme Court has handed down an important judgment in the conjoined cases of Rubin and another v Eurofinance SA and others and New Cap Reinsurance Corporation (in Liquidation) and another v AE Grant and others 2012 UKSC 46, which provides vital clarification on the effect of foreign insolvency judgments on the UK courts

Is your pension pot up for grabs?

RPC
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United Kingdom
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June 26 2012

Those thinking that the trials and tribulations of the recession may have passed them by and that, if all else failed, at least the pension was safe, may have to think again following two recent court decisions in which pensions came under attack from creditors and trustees in bankruptcy

High Court tackles 'football creditor rule' on insolvency

RPC
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United Kingdom
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June 26 2012

In The Commissioners for Her Majesty's Revenue and Customs v The Football League Ltd Her Majesty's Revenue and Customs sought a declaration from the court that the so-called 'football creditor rule' in the Football League's articles of association fell foul of two fundamental principles of insolvency law: the pari passu principle and the anti-deprivation rule

Administrator not personally liable for contracts or adverse costs order

RPC
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United Kingdom
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June 1 2012

An administrator who was sued in relation to contractual liabilities which he entered as administrator of a company was found to have no personal liability for those contracts or for the costs of the litigation

High Court examines personal liability of administrators

RPC
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United Kingdom
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March 6 2012

In rejecting a comparison between trustees and insolvency practitioners, a recent decision affirms the limit on the personal liability of insolvency practitioners for actions while holding office

Was Lehmans’ collapse unforeseeable? The High Court said it was but FOS disagrees

RPC
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United Kingdom
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March 5 2012

The courts and FOS are now headed down very different paths in their approach to credit crunch losses suffered by clients of regulated firms

Supreme Court widens scope of ‘client money’

RPC
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United Kingdom
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March 1 2012

The Supreme Court yesterday ruled that client money held in un-segregated accounts should be treated the same as client money held in segregated accounts, enabling un-segregated account holders to share in the client money pool on the insolvency of a firm with whom the account is held

Assigning claims from a bankrupt's estate: costs risks and how to avoid them

RPC
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United Kingdom
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November 22 2011

A recent Court of Appeal case has highlighted that care must be taken by trustees in bankruptcy when assigning claims in the bankrupt's estate

Common sense counts when construing commercial contracts

RPC
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United Kingdom
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November 17 2011

In Rainy Sky S.A and six others v Kookmin Bank 2011 UKSC 50, the Supreme Court provided useful guidance on the role of business common sense in construing a clause in a commercial contract, particularly in circumstances where there are competing plausible constructions, neither of which is clearly preferable on the language used alone

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