Searching Content indexed under Insolvency/Bankruptcy by Herbert Smith Freehills ordered by Published Date Descending.
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Grave Offences – Sale Of Cemetery Sites By Bankrupt Individual Is A Transfer At Undervalue With Intent To Defraud Creditors
In Yeung Lui Ming v Tang Mo Lin Irene [2019] HKCFI 1848, the Hong Kong Court of First Instance set aside a sale of cemetery sites and a transfer of shares by a bankrupt individual on the basis that they constituted...
Hong Kong
13 Aug 2019
English High Court Considers Presumption Of Advancement Between Parent And Child In Context Of Parent's Bankruptcy Following Substantial Gifts To Child
In Nicholas Stewart Wood and David John Standish (as the joint trustees in bankruptcy of Karl Eric Watkin) v Kate Rebecca Watkin [2019] EWHC 1311 (Ch
30 Jul 2019
No Use Lashing Out Over Unpaid Debts – Cosmetics Distribution Company Avoids Winding Up Order Despite Failing To Establish Bona Fide Defence
In Swiss Cosmeceutics (Asia) Ltd [2019] HKCFI 336, Mr Justice Harris of the Hong Kong Court of First Instance declined to wind up a company despite it failing to establish a bona fide defence
Hong Kong
3 Apr 2019
Court Of Appeal Overturns Non-Party Costs Order Due To A "Failure To Warn"
The Court of Appeal has overturned a High Court decision granting a non-party costs order against an insolvent company's director and majority shareholder.
10 Oct 2018
Court Of Appeal Applies Rigorous Approach To Assessing Purpose Element Of Claims To Set Aside Transactions Defrauding Creditors
The victim need only show that the purpose of defrauding creditors was a purpose, not the only purpose or even the dominant purpose.
4 Sep 2018
Court Of Appeal Re-Opens Gateway For Service Of Claims Against Foreign Parties In Respect Of Transactions Defrauding Creditors
Disagreeing with the High Court, the Court of Appeal has ruled that a claim by a creditor under section 423 of the Insolvency Act 1986 falls within the jurisdictional gateway ...
4 Sep 2018
West Tankers Principle Unaffected By Recast Brussels Regulation; Mandatory Foreign Jurisdictional Rules Do Not Encroach On Scope Of Widely Worded Arbitration Clause
In Nori Holdings Limited et al v PJSC Bank Okritie Financial Corporation [2018] EWHC 1343 (Comm) the English court has applied the Recast Brussels Regulation
Russian Federation
5 Jul 2018
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