Upon the insolvency of a foreign counterparty, recent judgments of the Supreme Court and Privy Council require an English party to navigate a complex domestic legal landscape to determine whether or not it should make a claim against the insolvent counterparty's estate where there are mutual debts or claims between the party and the counterparty.
Natasha Johnson, partner, and Andrew Cooke, associate, each in our dispute resolution team, have published an article in the July – September 2015 edition of Corporate Disputes magazine which considers the effect of these recent judgments and the potential dangers revealed by them. Click here to download a PDF of the article: “Practical Lessons for Cross-Border Insolvency".
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The articles published on this website, current at the dates of publication set out above, are for reference purposes only. They do not constitute legal advice and should not be relied upon as such. Specific legal advice about your specific circumstances should always be sought separately before taking any action.