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Directors Beware: UK Court of Appeal Ruling Clarifies Creditors’ Abilities to Challenge

United Kingdom - April 3 2019 The court offers guidance on reversing lawful dividend payments and when directors need to take into account creditors’ interests. On 6 February 2019…

Simon Baskerville, Anna Hyde, Vanessa Morrison, Daniel Smith.

UK Court of Appeal: Creditors Can Seek to Reverse Lawful Dividend Payments

United Kingdom - April 3 2019 The UK Court of Appeal has upheld a decision that a dividend payment by a subsidiary to its parent company may constitute a transaction at an…

Simon Baskerville, Anna Hyde, Vanessa Morrison, Daniel Smith.

UK Court of Appeal: When to Trigger the Creditor Duty Shift

United Kingdom - April 3 2019 The UK Court of Appeal has ruled that the payment of a lawful dividend did not, on the facts, amount to a breach of the directors’ duty to have regard…

Simon Baskerville, Anna Hyde, Vanessa Morrison, Daniel Smith.

Unanimous US Supreme Court Decision Takes a Hard Look at “Critical Habitat”

USA - February 21 2019 The decision gives landowners and developers a powerful tool to protect their interests and raises the bar for future critical habitat designations in…

Janice M. Schneider, Brian Francis McCall.

English Court Confirms International Jurisdiction to Set Aside Transactions Defrauding Creditors

United Kingdom - September 28 2018 Section 423 of the Insolvency Act 1986 continues to be a useful tool available to creditors for challenging transactions at an undervalue. Section 423…

Simon Baskerville, Anna Hyde, Vanessa Morrison, Daniel Smith.