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The High Court considered costs following the granting of an injunction restraining a winding-up petition, examining disputed debts, urgency, full and frank disclosure, and the consequences of pursuing insolvency proceedings despite substantial disputes.
The debtor company’s application for an injunction against advertisement of a petition was dismissed, notwithstanding an earlier consent order to that effect, as the company had no genuine dispute or counterclaim, having failed to serve payless notices.
In SQN Global Ltd v Hughes and others, the High Court considered claims for fraudulent trading under section 213 of the Insolvency Act 1986 arising from the diversion of company assets and payments following a worldwide freezing order. Although the defendants were debarred from defending the claim and did not attend trial, the court emphasised that serious allegations of dishonesty must still be proved by proper evidence. The decision is a useful reminder that contemporaneous documents and reliable witness evidence remain critical, even in an effectively unopposed claim.
The Court of Appeal has overturned a decision striking out claims that the administrators’ appointment was invalid because the appointor acted for an improper purpose.
The court considered how liquidators’ remuneration should be approved where the overwhelming majority creditor was unable to vote because of a conflict of interest.
The court sanctioned the TG Jones landlord restructuring plan after amendments were made to it following the initial convening hearing.
The Upper Tribunal’s decision in EE v Wandsworth highlights the risks when business tenants remain in occupation after a contracted-out lease expires.
We share key updates from the FSA’s Cell-Cultivated Product Sandbox and practical guidance for businesses preparing novel food applications.
In August, Uber was issued with an €825m fine by the Dutch data protection authority for taking unlawful automated decisions to suspend and deactivate driver accounts.
OpenAI recently announced that an internal AI model had solved part of the Navier-Stokes equations, notoriously difficult maths problems that have gone unsolved for decades. The breakthrough was immediately overshadowed by a dispute. NYU professor Tristan Buckmaster alleged that OpenAI had access to unpublished, related work by him and Levent Alpöge (an Anthropic employee researching in a personal capacity) which had been fed into Open AI’s tools.
The Ministry of Defence's SME Action Plan creates new opportunities for innovative businesses entering the defence sector. We explore six key legal and compliance considerations, from intellectual property and cyber security to export controls, procurement and security requirements.
Fraud risk cuts across legal, compliance, finance and operations, making clear ownership essential. We explore where accountability should sit and how general counsel can support a coordinated and defensible approach.