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Results: 1-10 of 73

Settlement reached in Lehman Brothers financial support direction case
  • Norton Rose Fulbright LLP
  • United Kingdom
  • August 28 2014

Again, of interest to all schemes providing defined benefits is the recent settlement in the litigation involving the Lehman Brothers Scheme, where


Company debt buy-back
  • Norton Rose Fulbright LLP
  • United Kingdom
  • October 19 2009

On 14 October 2009 the Government announced a major change to the way in which company buy-backs of debt will be taxed


Horton v Henry 2014 - High Court contradicts earlier case by ruling bankrupt cannot be required to draw pension to pay creditors
  • Norton Rose Fulbright LLP
  • United Kingdom
  • January 26 2015

Declining to follow a 2012 decision, the High Court has ruled that a bankrupt's unexercised rights to draw his pension did not represent income to


Horton v Henry 2014 pensions and bankruptcy appeal allowed
  • Norton Rose Fulbright LLP
  • United Kingdom
  • February 19 2015

Of general interest is the appeal in the case of Horton v Henry, on which we reported in our January 2015 update. In Horton, the High Court declined


Fixed versus floating charges
  • Norton Rose Fulbright LLP
  • United Kingdom
  • May 2 2014

They give a lender a higher position in the queue for the net proceeds of a borrower's assets in the event of a borrower's insolvency. Fixed and


Voidable transactions in insolvency
  • Norton Rose Fulbright LLP
  • United Kingdom
  • May 2 2014

In a commercial lending context, there are three main situations under English law where an insolvency officer can set aside security entered into in


A scheme actuary’s calculation of the sponsoring employer’s debt cannot be challenged by insolvency practitioners in the absence of fraud or error
  • Norton Rose Fulbright LLP
  • United Kingdom
  • July 23 2008

The High Court ruled that calculations of employer debt by scheme actuaries cannot be challenged by insolvency practitioners unless there is evidence of fraud or error


Modernising the insolvency protections for the operation of financial markets - proposals to reform Part 7 of the 1989 Companies Act
  • Norton Rose Fulbright LLP
  • United Kingdom
  • August 7 2008

On 25 July 2008, HM Treasury published a Consultation Paper entitled Modernising the insolvency protections for the operation of financial markets - proposals to reform Part 7 of the 1989 Companies Act


Arbitrating against companies in administration
  • Norton Rose Fulbright LLP
  • United Kingdom, Australia
  • March 13 2012

On 5 October 2011, the NSW Supreme Court upheld an application pursuant to s 440D(1) of the Corporations Act 2001 (Cth) for leave to bring and continue proceedings against a defendant under voluntary administration


Housing Grants, Construction and Regeneration Act 1996
  • Norton Rose Fulbright LLP
  • United Kingdom
  • June 1 2007

Under the JCT suite of contracts, an employer is entitled to terminate the contractor’s employment where the contractor has become insolvent (including the appointment of administrative receivers in relation to the contractor