Searching Content from Isle of Man indexed under Insolvency/Bankruptcy/Re-structuring ordered by Published Date Descending.
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An Important ‘Contribution' To The Isle Of Man's Developing Insolvency Law
The Isle of Man High Court has issued a landmark decision confirming for the first time in a reported judgment the considerations that the Isle of Man Court will adopt
Isle of Man
28 Feb 2019
Reflections On The INSOL Europe Annual Congress
Claire Corkish from Appleby's Isle of Man Dispute Resolution team attended the INSOL Europe Annual Congress in Athens this October.
Isle of Man
25 Oct 2018
Flexibility In Corporate Restructuring: Schemes Of Arrangement
The scheme must represent a genuine compromise by which the members and creditors obtain some advantage that compensates them for the alteration of their rights.
Isle of Man
26 Sep 2016
Insolvent Trusts: Do Creditors Trump Beneficiaries?
To talk of an insolvent trust is, of course, a misnomer, a trust is not a separate legal entity and cannot, as a matter of law, be insolvent.
Isle of Man
4 Apr 2016
Insolvency Update: Challenging A Liquidator's Decisions By Judicial Review
His Honour Deemster Doyle recently handed down judgment in a case which considered the legal principles applicable when a party seeks to challenge decisions made by a court-appointed liquidator during the liquidation of a company.
Isle of Man
16 Feb 2016
That's The Spirit
Insolvency law in the Isle of Man has failed to be reformed on different occasions in the last twenty years in spite of Government initiatives.
Isle of Man
2 Dec 2015
Is Insolvency Different? - October 2015
A discussion of the decision of the Judicial Committee of the Privy Council in Singularis Holdings Limited v PwC [2014] UKPC 36.
Isle of Man
10 Nov 2015
Insolvency Update: Has The Privy Council Turned The Isle Of Man’s Chief Justice Into A Timorous Soul?
In the recent case of Lombard Manx Limited v The Spirit of Montpelier Limited (CHP 2014/23), the principal question for the Isle of Man High Court (His Honour Deemster Doyle, the Island's Chief Justice) was whether the Court had jurisdiction at common law to rescind a winding-up order.
Isle of Man
17 Feb 2015
Insolvency Update: Court Guidance On Provisional Liquidators' Fees
The Isle of Man High Court issued useful guidance on the procedure and principles applicable to payment of provisional liquidators' fees in a protracted winding up case.
Isle of Man
5 Nov 2014
Permission For A Liquidator To Appoint A Lawyer
The recent decision put before the courts the question of whether sanction should be given to a liquidator to appoint lawyers in the Isle of Man and various jurisdictions worldwide.
Isle of Man
14 Oct 2014
IOM Court's Guidance On Winding Up Insolvent Companies
In the recent case of Lombard Manx Limited v The Spirit of Montpelier Limited (CHP 2014/23), the Isle of Man High Court considered the law in respect of when a creditor will be entitled to a winding up order "virtually as of right" against a defaulting debtor.
Isle of Man
19 Jul 2014
Administration In The Isle Of Man?
On the 6th March 2014, Mann J placed Gulldale Limited into administration in England. In so doing, Gulldale became the first Isle of Man incorporated company with the centre of main interest in the Isle of Man to be placed into administration in England.
Isle of Man
20 Apr 2014
Is Insolvency Different?
This article considers the tension between the Privy Council decision in Cambridge Gas and the Supreme Court decision in Rubin.
Isle of Man
18 Mar 2014
English High Court Places Manx Company Into Administration
On 6 March 2014, Mann J placed Gulldale Limited into administration in England.
Isle of Man
14 Mar 2014
Sale Of Goods And Retention Of Title – The Downside
Retention of Title clauses in Supply Contracts serve the useful purpose that if a customer fails to pay, particularly in case of insolvency, the supplier can get his goods back, provided the contract makes it clear that title is not to pass until payment is made and the other requirements for an effective Retention of Title clause are in place.
Isle of Man
26 Feb 2014
Isle Of Man Court Issues Request To English High Court For Administration Of Manx Company
On 9 January 2014, His Honour Deemster Doyle (the Isle of Man's Chief Justice) issued his judgment in the case Capita v Gulldale.
Isle of Man
24 Jan 2014
Supreme Court Decision Clarifies Important Insolvency Issue
In May 2013, the Supreme Court handed down judgment in the case of "BNY Corporate Trustee Services Limited and others v Eurosail-UK 2007-3BL PLC".
Isle of Man
22 Oct 2013
Court Of Appeal Ruling On Foreign Insolvency Assistance
In the recent case of HSBC Bank plc v Tambrook Jersey Limited [2013] EWCA Civ 576, the English Court of Appeal issued guidance in respect of when an English Court will assist a foreign Court in insolvency matters.
Isle of Man
15 Jul 2013
The Isle Of Man Insolvency Test - Is It Time For Reform?
With the Companies Bill 2013, which plans to consolidate and update the Isle of Man Companies Acts 1931- 2004 and a proposed new Insolvency Bill in the offing, the time is ripe for reform of the Isle of Man corporate insolvency test, found at section 163(1) of the 1931.
Isle of Man
12 Jun 2013
Where Does Rubin Leave Isle Of Man Insolvency Practitioners?
The recent decision of Rubin v Euro Finance SA & Others [2012] UK SC 46 has been welcomed in England and Wales as clarifying the English common law applying to the recognition and enforcement of foreign judgments made in relation to foreign insolvency proceedings.
Isle of Man
16 Apr 2013
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