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1,461 results found

Article

Birketts LLP | United Kingdom | 22 Dec 2020

Cornerstone - Life after Bresco: a festive round-up of the courts' take on adjudications by insolvent companies

One of the big decisions to come out of 2020 was the Supreme Court’s judgment in Bresco Electrical Services Ltd v. Michael J Lonsdale (Electrical)…
Article

Clayton Utz | Australia | 16 Nov 2020

Insolvency reforms: Corporate Insolvency Reforms Bill raises more questions than it answers

There remain a number of issues in the proposed insolvency reforms that need careful deliberation, particularly where the Regulations have yet to be…
Article

Baldi & Caratsch | Switzerland | 2 Nov 2020

First experiences of liquidators with the revised Swiss Law on Cross-Border Insolvencies

On 1st January 2019, the revised Swiss Law on Cross-Border Insolvencies entered into force. The first experiences with the revised law are throughout…
Article Compliance

LK Shields | Ireland | 23 Oct 2020

Data Protection Considerations for Liquidators

Most companies now hold large volumes of personal data - it is almost inevitable due to the interplay between technology and business. This includes…
Article

Hogan Lovells | Hong Kong | 18 Sep 2020

Call for consistency Hong Kong Court delivers double message to insolvency practitioners

In a pair of recent contrasting judgments, Re Agritrade Resources Ltd [2020] HKCFI 1967 and Re Rare Earth Magnesium Technology Group Holdings Ltd…
Article

Litigation Capital Management | Australia, United Kingdom | 26 Aug 2020

Assignment of Claims: A Comparative Analysis of the United Kingdom and Australia

The United Kingdom and Australia have recently implemented legislative changes to permit external administrators to assign or sell causes of action…
Article

Stephenson Harwood LLP | China, Hong Kong | 23 Jul 2020

Third party funding agreements and insolvency proceedings

It is common for insolvency practitioners in Hong Kong to seek Court sanction on third-party litigation funding agreements in light of the law of…
Article

Mills Oakley | Australia | 2 Jul 2020

Circulating or non-circulating, that is the question

The judgment in RCR Tomlinson Ltd (Admins apptd) [2020] NSWSC 735 provides clarification regarding the classification of circulating and…
Article

Mills Oakley | Australia | 26 Jun 2020

Pressing Charges: Court Upholds Liquidators’ Claim for Remuneration out of Trust Assets

It is said that Sisyphus, the ancient king of Ephyra, is destined for eternity to roll a boulder uphill, only to watch it roll down again. Perhaps…
Article

Clyde & Co LLP | United Kingdom | 19 Jun 2020

Can an insolvent contractor refer a dispute to adjudication? If so, is there any point in doing so?

Days ago a lawyer's answer to these questions would have been the all too often heard "well, it depends". There would have been a serious risk of any…
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