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The recent English Court of Appeal ruling in Re Danka Business Systems plc considers how insolvency practitioners ought to deal with contingent claims.
On 11 September the Guernsey Court of Appeal confirmed the test to be applied in determining whether a person should be added as a party to existing proceedings.
When a company is being wound up in the jurisdiction where it is incorporated, should an anti-suit injunction be issued to prevent a creditor or member from pursuing proceedings in another jurisdiction?
Mourant Ozannes & South Square Litigation Forum 2014: Lehman Brothers six years on — where are we now?
Mourant Ozannes and insolvency set South Square Chambers hosted their latest joint Litigation Forum in London on 11 September.
In one case Guernsey was described as a jurisdiction bearing the ‘mark of a civilised polity’, where citizens could challenge administrative decisions affecting their rights.
In May the English Court of Appeal held that access to a company’s register of members did not have to be given if one of the purposes of the request was not proper. What are the implications for Guernsey?
One feature of Weavering Macro Fixed Income Fund Ltd v Peterson is that the claims against the directors were brought by the liquidators of a fund in liquidation.
The Royal Court of Jersey has held that a businesses’ client contact information, stored on a database such as Microsoft Outlook, is protected by laws of confidentiality.
A recent case held that payments made by insolvent companies out of share premium to redeemed shareholders cannot be clawed back by a liquidator using section 37(6) of the Companies Law.
The Cayman Islands’ Grand Court (Amendment) Law 2014 introduces the legislative clarification of the law providing for interim relief in aid of foreign proceedings.
The Court of Appeal has considered whether an employee who was unwilling to work out his notice period could treat the contract as at an end and work for a competitor.
According to the ruling in Kearns v Glencore UK Ltd, the ‘last-straw doctrine’ is equally applicable to employers.
In various courts, convicted criminals may face the possibility of a confiscation order being made against them so as to prevent them from benefitting from their crimes.
Remuneration of voluntary liquidators where the company subsequently goes into insolvent liquidation
The BVI court has considered the approach to be adopted in fixing the remuneration of voluntary liquidators where the company subsequently enters insolvent liquidation.
The Royal Court of Jersey has on four occasions clarified the extent and effect of its powers, both new and existing, in relation to mistaken dispositions of property to a trust.
The Royal Court has declined to strike out proceedings brought by the successor trustee and manager of three unit trusts against the former trustee and manager of those unit trusts.
The Supreme Court and the Court of Appeal in England have recently considered the remedy of marshalling.
The enforceability of employee post-termination restrictive covenants has long been a contentious issue.
The Guernsey Court of Appeal has recently confirmed that the court has the power to require beneficiaries to provide information to trustees.
The judgment handed down in the matter of the seven Mitco Retail companies on 14 July 2014 provided an insight as to how administration applications are treated in the Guernsey court.