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Airline Insolvency Review

United Kingdom - July 5 2019 UK taxpayers paid over £60 million to repatriate around 110,000 passengers stranded abroad following the failure of Monarch in October 2017. The UK...

John Chetwood, Kim Dietzel, Rex Rosales, Kristen Roberts, Kevin Pullen, Robert Moore, Neil Blake.

High Court decision may make it more difficult to bring claims against foreign parties under section 423 Insolvency Act (transactions defrauding creditors)

United Kingdom, European Union - December 11 2017 The High Court has held that a claim by a creditor under section 423 of the Insolvency Act 1986 does not fall within the jurisdictional gateway...

Andrew Cooke.

CJEU limits situations in which insolvency laws relating to transaction avoidance may override Parties’ contractual choice of law

United Kingdom, European Union, Italy - July 14 2017 In a recent judgment, the Court of Justice of the European Union (CJEU) confirmed the extent to which an English law governed contract can be subject...

Andrew Cooke.

UK Supreme Court clarifies the balance-sheet insolvency test

United Kingdom - May 16 2013 The Supreme Court has delivered a judgment providing welcome clarification on the construction and effect of section 123(2) of the Insolvency Act...

Damien Byrne-Hill, Ralph Sellar.

UK Supreme Court refuses to enforce US judgment made in insolvency proceedings against English resident defendants

USA, United Kingdom - November 1 2012 In Rubin v Eurofinance SA 2012 UKSC 46, the Supreme Court (by a majority of 4 to 1) reversed the Court of Appeal’s unanimous decision and held that the English court would not enforce a judgment made by the New York court in insolvency proceedings to which the defendant did not submit....

Andrew Cooke.