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1
Court Of Appeal Addresses Two Issues: The Interpretation Of S. 12 Of The Limitations Act In The Context Of A Bankrupt Company, And Whether An Appeal Of An Underlying Judgment Tolls The Limitation Period
In Ridel v Goldberg, 2019 ONCA 636, the Court of Appeal for Ontario considered whether a judgment creditor was statute-barred from pursuing a claim for contribution and indemnity
Canada
13 Sep 2019
2
Timing Is Everything: Different Approaches To The Relevant Date For Determining COMI In Cross-Border Recognition Proceedings
The UNCITRAL Model Law on Cross-Border Insolvency was built on a model of modified universalism.
Singapore
15 Aug 2019
3
Mitigating Insolvency Effects In The Supply Chain
Insolvency in the construction industry is once again in the headlines.
UK
26 Jul 2019
4
UK
16 Jul 2019
5
Insolvency Sales And The Community Right To Buy In Scotland: Traps For The Unwary
Land reform and community engagement in land are important policies for the Scottish government which sees land as an asset that should benefit the many rather than the few.
UK
12 Jul 2019
6
Ukraine New Bankruptcy Code To Take Effect In October
At the end of April 2019, the President of Ukraine signed the Code of Ukraine on Bankruptcy Procedures (the "Code").
Ukraine
12 Jun 2019
7
Directors' Duty To Consider The Interest Of Creditors And Transactions At An Undervalue
The Court of Appeal has given guidance on when the duty of directors to have regard to the interest of creditors arises. This is an important point, as the general statutory duty
UK
27 May 2019
8
BIA And CCAA Amendments: 2019 Federal Budget Proposes To Legislate On Good Faith Requirements, Directors' Duties And Corporate Disclosure Obligations
On April 8, 2019, the federal government introduced Bill C 97, An Act to Implement Certain Provisions of the Budget Tabled in Parliament On March 19, 2019 and Other Measures.
Canada
23 May 2019
9
Priority In Insolvency – Heavy Lies The Crown (Preference)?
Delivering on the announcement in the Autumn Budget, HMRC issued its consultation "Protecting your taxes in insolvency" on 26 February 2019.
UK
17 Apr 2019
10
Project Bank Accounts: Making Payment Fair
A year after its collapse, Carillion's insolvency continues to haunt both its supply chain and the wider UK construction industry.
UK
7 Mar 2019
11
Redwater – Impacts
Accordingly, the SCC's decision fundamentally changes the application of the law by receivers and trustees.
Canada
7 Feb 2019
12
Winding Up A Company In Record Time Despite Claim Of A Dispute Subject To Arbitration
In the recent High Court judgment in VTB Bank (Public Joint Stock Company) v Anan Group (Singapore) Pte Ltd [2018] SGHC 250, Dentons Rodyk, acting for the plaintiff,
United States
18 Dec 2018
13
Key Regulatory Developments In Ukraine - November 2018
On November 4, 2018 the Law "On Amendments to Certain Legal Acts of Ukraine Concerning Resumption of Lending" entered into force, which will become effective starting from February 4, 2019.
Ukraine
7 Dec 2018
14
Bankruptcy Trustees And Equitable Interests
In a recent decision, Silvia (Trustee) v Williams [2018] FCAFC 194, guidance was given by the Full Federal Court in relation to a claim by a trustee of a bankrupt spouse that the bankrupt
Australia
30 Nov 2018
15
Compromising English Law Debts: Has The Rule In Gibbs Had Its Day?
Under current English law, an English law debt can only be compromised by agreement or by the English courts.
UK
29 Nov 2018
16
Competition For The Best Restructuring Frameworks Has Started!
While the UK is on the brink of Brexit, European lawmakers are entering the final stage of the codification of a European Directive on Preventive Restructuring Frameworks.
European Union
30 Oct 2018
17
Insolvency And Corporate Governance Consultation: Government Proposals
The government has published details of the next steps it is proposing to take to reduce the risk of major company failures occurring through poor governance or stewardship,
UK
25 Oct 2018
18
Government Responds To Insolvency And Corporate Governance Consultations
At the end of August, BEIS (finally) responded to a May 2016 consultation paper which reviewed the UK's corporate insolvency framework.
UK
19 Oct 2018
19
Romania
17 Oct 2018
20
Treasury Department Issues New CFIUS Regulations Launching FIRRMA Pilot Program, Requiring Declarations For Certain Transactions
On October 10, 2018, the Treasury Department, as chair of the Committee on Foreign Investment in the United States, issued interim regulations implementing certain mandatory review provisions of the Foreign Investment Risk Review Management Act ...
United States
17 Oct 2018
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