Searching Content indexed under Insolvency/Bankruptcy/Re-structuring by Barlow Lyde & Gilbert LLP ordered by Published Date Descending.
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Commercial Dispute Resolution Briefing, July 2011
In stark contrast to the decision by the UK Supreme Court last year not to enforce a French arbitration award granted against the Government of Pakistan, the French Court of Appeal recently ruled in favour of enforcing it.
28 Jul 2011
When Is A Company Insolvent?
A new judgment of the Court of Appeal has made more complex and subjective the determination of whether a company is insolvent by reason of the so-called balance sheet test in section 123(2) Insolvency Act 1986.
26 Jun 2011
New Tax Incentives For Investors
In the 2011 Budget (delivered on 23 March) the Government announced a number of important tax measures designed to encourage UK resident individuals to become "entrepreneurs" and invest in higher-risk unquoted trading companies and companies operating in the life science and bio-tech sector.
26 Jun 2011
High Court Strengthens The Pension Regulator’s Powers But Threatens UK Rescue Culture
The High Court recently considered the UK Pension Regulator’s (the Regulator) powers against companies that have gone into administration or liquidation.
25 Mar 2011
When is a Director Not a Director? The Supreme Court Enters the Fray
When will a director of a corporate director be a de facto director of a subject company? This was the £13 million question for Mr Holland, a director of Paycheck (Director Services) Ltd which was the corporate director of 42 composite companies, because as de facto director of these companies he could be held responsible for the payment of unlawful dividends under section 212 of the Insolvency Act 1986.
2 Dec 2010
Are Strict Liability Offences Indemnifiable?
In the Autumn 2009 edition of our Directors’ & Officers’ Liability review we drew attention to the strict liability regime applicable to directors of Phoenix companies by virtue of section 216 of the Insolvency Act 1986.
17 Feb 2010
Trader´s Guide: How To Manage Risk And Reduce Exposure
Since September 2008, and the collapse of Lehman Brothers, not a day seems to pass without news of the impact of the global financial crisis upon markets.
2 Apr 2009
Insolvency: The Cost Of "Assisting With Enquiries..."
Often, the first occasion on which a director will have to put his or her hand in his or her pocket to pay for legal representation is in the context of an investigation following an insolvency procedure.
24 Mar 2009
The Road To Insolvency, And Directors´ Duties In The "Twilight Zone"
In the current economic climate, the threat of company insolvency is in the forefront of many executives' thoughts. For many, however, it is uncharted territory, complete with its own jargon and procedures.
24 Mar 2009
DWP Consults On Employer Debt In Corporate Restructurings
The Department for Work and Pensions ("DWP") has issued an informal consultation looking again at the Employer Debt legislation.
17 Dec 2008
Solvency II And Group Regulation
The major developments that have emerged in insurance regulation over recent years are capital adequacy and corporate governance. It is anticipated that Solvency II will incorporate these developments.
3 Jul 2007
Disclaimers In Insolvency and Debt Subordination: Trust, Contract Or Charge?
In the recent case of Re SSSL Realisations (2002) Ltd; Squires v AIG Europe (UK) Ltd (2006), a parent company ("Group") retailed petrol through stations owned by its subsidiary ("SSSL"), in relation to which AIG provided excise bonds to HM Revenue and Customs in respect of Group’s liability for excise duty.
31 May 2006
Charges over Book Debts and Plant and Machinery since Spectrum
Readers will no doubt by now be familiar with the fact that the "traditional" form of debenture pursuant to which a lender purported to take a fixed charge over a company’s book debts whilst in practice leaving the company free to deal with the proceeds of the debts once received has now been definitively determined by the House of Lords to be ineffective to create the intended fixed charge (see: National Westminster Bank PLC v Spectrum Plus Ltd (2005)). The charge over book debts taken in that
30 May 2006
Bondholders’ Opposition To Schemes Of Arrangement
Bondholders’ committees have continued to be active when issuing companies are in financial difficulties. In 2004 this resulted in two cases on schemes of arrangement.
20 Jun 2005
A (Not So) Tiny Leap For Third Parties
Third parties’ rights against the insurers of an insolvent party have been extended with far reaching effect for insurers.
26 Jan 2005
The Credit Risk Transfer Market
The Credit Risk Transfer (CRT) market, where credit risks are packaged/sold by banks to buyers of securities/loans and writers of credit insurance/derivatives is probably the fastest growing and most vibrant market in the global financial industry.
28 Jul 2004
BLG Environment and Health & Safety-UK Developments-Spring 2004
Environment and Health & Safety developments in the UK
24 Jun 2004
Make Up Your Mind!-BLG Banking Law Briefing
In the recent first instance decision of Re Spectrum Plus Ltd., sub nom National Westminster Bank Plc ("NatWest") v Spectrum Plus Ltd ("Spectrum") (In Creditors Voluntary Liquidation) the Vice- Chancellor, Sir Andrew Morritt, dismissed an application by NatWest for a declaration that the debenture granted to it by Spectrum created a fixed charge over Spectrum’s book debts and their pro
14 Jun 2004
Floating Chargeholders Triumph Over Liquidators
The House of Lords overruled the High Court and the Court of Appeal in the recent case of Re Leyland Daf Ltd (sub nom Buchler v Talbot). In doing so, the House of Lords ruled that liquidators’ expenses were not to be paid out of property subject to a floating charge which had crystallised and held that Re Barleycorn Enterprises Ltd (1970) ("Barleycorn") had been wrongly decided in the Cou
14 Jun 2004
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