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Pre-Action Protocol for Debt Claims comes into force on 1 October 2017
  • Kingsley Napley
  • United Kingdom
  • March 29 2017

The Ministry of Justice has published the Pre-Action Protocol for Debt Claims (the "Protocol"), which comes into force on 1 October 2017. The

We’ve heard it all before: re-running arguments in bankruptcy proceedings
  • Squire Patton Boggs
  • United Kingdom
  • March 28 2017

The Court of Appeal in Harvey v Dunbar Assets plc 2017 EWCA Civ 60 has confirmed that parties cannot re-litigate failed arguments that have

Rules of Engagement for Creditors - New Insolvency Rules In Force 6 April 2017
  • Squire Patton Boggs
  • United Kingdom
  • March 21 2017

On 6 April 2017, the new Insolvency Rules come into force which will affect creditors’ rights in most insolvency procedures. The changes are designed

Akers v Samba: Trusts over foreign assets
  • Herbert Smith Freehills LLP
  • United Kingdom
  • March 20 2017

The UK Supreme Court has held that the extinction of a company's beneficial interest under a trust on the transfer of an asset by the trustee to a

Legal update on insolvency law - March 2017
  • Buddle Findlay
  • Australia, New Zealand, United Kingdom
  • March 20 2017

The New South Wales Court of Appeal recently handed down an important judgment on the remuneration of registered

England & Wales: Denso Manufacturing UK Limited v Great Lakes Reinsurance (UK) PLC - ATE Insurance Considered
  • Holman Fenwick Willan LLP
  • United Kingdom
  • March 17 2017

This case arose from an underlying claim by a company called Mploy against Denso, which resulted in an adverse costs order against Mploy

Re-raising an argument previously dismissed on its merits - an abuse of process?
  • Irwin Mitchell LLP
  • United Kingdom
  • March 17 2017

The Court of Appeal, in the case of Harvey v Dunbar Assets plc 2017 EWCA Civ 6, has held that it constitutes an abuse of process for a debtor to

How Can the Examination of a Debtor Help Me Recover a Debt?
  • LegalVision
  • United Kingdom
  • March 16 2017

A creditor in a debt recovery matter can collect more information about the judgment debtor’s financial position through examination. The examination

Diligence and insolvency: receivership revisited
  • Shoosmiths LLP
  • United Kingdom
  • March 15 2017

A significant decision issued last week by a five judge bench of the Inner House has reversed a 40 year old decision on the meaning of 'effectually

Is the location of a company’s assets definitive to determine its COMI?
  • Taylor Wessing
  • European Union, United Kingdom
  • March 14 2017

FREP (Knowle) Limited, FREP (Ellesmere Port) Limited and FREP (Belle Vale) Limited (together the Frogmore Companies) specialised in real estate