Litigation Notes

Carillion director disqualification proceedings – Insolvency Service drops proceedings against non-executive directors in so-called "test case"

High Court gives guidance on the so-called creditor duty where a company faces solvency-threatening claim

In a recent case, the High Court has had one of its first opportunities to consider BTI v Sequana [2022] UKSC 25 (see our previous update here), in which …

Commercial litigation podcast series – Episode 20: General update

Transactions defrauding creditors: Court of Appeal favours wide interpretation of s.423 Insolvency Act 1986

Supreme Court clarifies so-called Quincecare duty on financial institutions executing customer payments

The Supreme Court last week handed down its seminal judgment in Philipp v Barclays Bank UK plc [2023] UKSC 25, considering the application of …

Supreme Court decision gives further clarity on claims by distressed companies against directors

Although not directly concerned with directors' liabilities, the recent Supreme Court judgment in Stanford International Bank Ltd v HSBC Bank PLC [2022] …

What the Crypto Winter means for insolvency

There has been no shortage of high-profile insolvencies in the crypto market in recent months across a range of market participants and geographies. …

Key Supreme Court insolvency ruling clarifies stance on creditor duties

Navigating UK sanctions against Russian persons in English court proceedings

The UK is one of many countries which have introduced extensive sanctions against Russia, its individuals and entities in light of the military action in …

Data Objects: Law Commission of England & Wales proposes new category of personal property

On 28 July 2022, the Law Commission of England and Wales published a consultation paper on the recognition and protection of digital assets. …

Court of Appeal rules foreign receiver cannot deal with English property due to the "immoveables rule"

The Court of Appeal has confirmed that the High Court was right to restrict the assistance an English court could give to a Russian trustee in bankruptcy …

Supreme Court confirms UK government’s recognition of President of Venezuela, leaving Commercial Court to determine who is authorised to give instructions on behalf of Venezuelan Central Bank

Following an ongoing dispute between two competing Boards of the Central Bank of Venezuela (BCV), both claiming to be appointed by the recognised …