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Horton v Henry: "and hast thou slain the Jabberwock?"
  • Hardwicke
  • United Kingdom
  • October 27 2016

With the long-awaited decision of the Court of Appeal in Horton v Henry, the Looking Glass decision in Raithatha v Williamson is finally laid to rest

Back to basics: enforcing a judgment in Scotland
  • DLA Piper LLP
  • United Kingdom
  • October 26 2016

The aim of a payment action is to recover monies due. Obtaining a positive judgment from the court is just the first step in that process. The party

Pensions Update: Insolvency and Your Pension
  • Mason Hayes & Curran
  • United Kingdom
  • October 25 2016

A recent Court of Appeal decision in the UK has ruled that individuals facing bankruptcy cannot be forced to hand over their pensions to pay off

Court of Appeal rules undrawn pension is protected from trustees in bankruptcy, ending four years of legal uncertainty
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • October 25 2016

The Court of Appeal in England has confirmed that a Trustee in Bankruptcy ("TIB") cannot force a bankrupt person to elect to take their

Cross Border Insolvency Regulations 2006- Lifting the automatic stay on proceedings in the English courts
  • Squire Patton Boggs
  • Global, United Kingdom
  • October 25 2016

The English Court has agreed to lift the automatic stay on proceedings under the Cross Border Insolvency Regulations 2006 ("CBIR") against STX

Sandbags at dawn: administration of Scottish company has priority over foreign liquidation proceedings
  • CMS Cameron McKenna
  • United Kingdom
  • October 21 2016

The Court of Session has confirmed that the administration in Scotland of a Scottish company will take priority over an Indian liquidation of the same

ISDA Master Agreement: English court considers meaning of “Default Rate”
  • Bryan Cave LLP
  • United Kingdom
  • October 20 2016

The English High Court in Lehman Brothers International (Europe) (In Administration) 2016 EWHC 2417 (Ch), in one of a series of cases arising from

Cyprus: Worldwide freezing orders
  • Soteris Pittas & Co LLC
  • Cyprus, United Kingdom
  • October 19 2016

In the English case of Derby& Co v Weldon (No3 and 4) (1990) Ch 65, the Court of Appeal held unequivocally that a court can order a Defendant’s

Further Guidance on Income Payment Orders: Pensions and bankruptcy
  • Charles Russell Speechlys LLP
  • United Kingdom
  • October 19 2016

We previously discussed the uncertainty surrounding the treatment of pensions in a bankruptcy which arose from two conflicting high court cases

Enforcing Security over Real Estate and Shares across Europe
  • CMS Cameron McKenna
  • Albania, Austria, Belgium, Bulgaria, United Kingdom, Serbia, Slovakia, Slovenia, Spain, Turkey, Ukraine, Montenegro, Netherlands, Poland, Portugal, Romania, Russia, Czech Republic, France, Germany, Hungary, Italy, Luxembourg
  • October 19 2016

We are delighted to present the CMS Guide to Enforcing Security over Real Estate and Shares across Europe. It is aimed primarily at investors in