Sian Hughes

Associate

Cambridge
+(44)(0)1223 222655
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Insights

Insight

Court sanctions Part 26A restructuring plan

The court considered whether it could make an order sanctioning a Part 26A restructuring plan (“Plan”) where the company was incorporated in England to rely on the English court’s jurisdiction to sanction a Plan.

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2 min read

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Freezing orders and recognition orders

The respondent (KD) was declared bankrupt in Russia in July 2019, shortly after he moved to London. The appointed bankruptcy manager (P) sought continuation of a freezing order after a recognition order was granted.

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2 min read

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A simple debt claim or an insolvency proceeding?

The shareholders argue that the existing proceedings are to be treated as a nullity due to the use of an Insolvency Act Application Notice issued within administration proceedings, was impermissible under the Insolvency Rules 2016 (“IR 2016”), and that the proceedings ought to have been brought by way of an ordinary claim by way of Part 7 claim form under the Civil Procedure Rules (“CPR”).

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2 min read

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Exclusive jurisdiction clauses, contractual and insolvency proceedings

The court examined whether a party was bound by an exclusive jurisdiction clause not expressly consented to and whether it had jurisdiction, considering the recast Regulation (EU) 1215/2012 (“Brussels Regulation”) and the EU Insolvency Regulation (“Insolvency Regulation”).

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2 min read

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When will a public examination be ordered?

A “useful purpose” needs to be established for a court to order a public examination of an alleged de facto director of a company in liquidation.

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2 min read

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