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Third Parties (Rights against Insurers) Act 2010 - insurers can be joined to proceedings even where policy coverage remains in dispute
  • Gowling WLG
  • United Kingdom
  • July 27 2017

Less than a year after it came into effect on 1 August 2016, the first judgment in relation to the Third Parties (Rights against Insurers) Act 2010

The Netherlands Law Year in Review 2016 and Year to Come 2017
  • Linklaters LLP
  • Netherlands
  • February 6 2017

On 9 December 2016, the Minister of Safety and Justice announced that Dutch corporate law will be further modernised by: (i) introducing rules to

Australia Law Year in Review 2016 and Year to Come 2017
  • Linklaters LLP
  • Australia
  • January 5 2017

From 1 January, a new MAAL (broadly based on the first limb of the United Kingdom's Diverted Profits Tax) applies to 'significant global entities' to

Moral hazard powers of the Pensions Regulator: how do they apply against a company in insolvency?
  • Freshfields Bruckhaus Deringer LLP
  • United Kingdom
  • August 1 2016

Third parties associated with an employer may find themselves liable to contribute to the employer's occupational pension scheme. Where a pension

Lessons from Nortel: what do the recent allocation decisions mean?
  • Macfarlanes LLP
  • Canada, United Kingdom, USA
  • May 28 2015

Around 33,000 UK-based pensioners of the Nortel group look set to receive a greater share of the group’s $7bn worldwide assets, following a joint

Bankruptcy and pension rights following Horton v Henry - a fairytale ending?
  • Penningtons Manches LLP
  • United Kingdom
  • June 8 2015

In a challenging economy bankruptcy increasingly stands accused of constituting a mechanism for debtors to escape their responsibilities at their

High Court sets aside a deed of release that had been executed by mistake
  • Freshfields Bruckhaus Deringer LLP
  • United Kingdom
  • October 15 2008

In the case of Andrew Fender v National Westminster Bank PLC Judge Purle QC set aside a deed of release that had been executed in the mistaken belief that the company was no longer indebted to the bank

Horton v Henry - Was Justice Achieved? Undrawn Pension Entitlements and Insolvency (Part 2)
  • Spratt Endicott Solicitors
  • United Kingdom
  • November 24 2016

In May 2015, I wrote an article about the conflicting lower court decisions in Raithatha -v- Williamson and Horton -v- Henry, concerning undrawn

Second Circuit decision results in significant nondischargeable debt as a result of new PBGC claims arising from pension plan termination in Chapter 11
  • Squire Patton Boggs
  • USA
  • August 26 2009

During the bankruptcy cycle following the recession of 2001, numerous debtors notably airlines such as US Airways and United Air Lines, Inc. undertook “distress terminations” of their ERISA-qualified defined benefit pension plans, which are insured by the Pension Benefit Guaranty Corporation (PBGC

Deemed trusts in the context of bankruptcy and insolvency
  • Blake Cassels & Graydon LLP
  • Canada
  • October 16 2015

In 2009, Grant Forest Products Inc. (GFPI) and related companies (collectively, Applicants) sought protection under the Companies’ Creditors