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PRACTICE NOTES
This Practice Note has been archived and is not maintained. Name of parties and citation(s) Judgment date Subject Lexis®PSL Analysis Aabar Block SARL and another v Maud [2015] EWHC 3681 (Ch), [2015] All ER (D) 233 (Dec) 18 December 2015 Bankruptcy and pending petitions Pending petition—considering applications to adjourn petitions for bankruptcy Re Codere Finance (UK) Ltd [2015] EWHC 3778, [2016] All ER (D) 27 (Jan) 17 December 2015 Schemes of arrangement—sufficient connection Scheme of arrangement jurisdiction—providing for a sufficient connection Re Allanfield Property Insurance Services Ltd (in administration); Re Industrial and Commercial Property Insurance Consultants Ltd (in administration); Allanfield Property Insurance Services Ltd (in administration) ("Apis") and others v Aviva Insurance Ltd and another [2015] EWHC 3721 (Ch), [2015] All ER (D) 198 (Dec) 17 December 2015 Officeholders of trusts and distribution of funds Insolvency practitioners and trust office-holders Re Premier Motor Auctions Leeds Ltd and another (In Liquidation) [2015] EWHC 3568 (Ch), [2015] All ER (D) 126 (Dec) 11 December 2015 Open justice principle Reinforcing
PRACTICE NOTES
This Practice Note has been archived and is not maintained. Name of parties and citation(s) Judgment date Subject Lexis®PSL Analysis Hawk Recovery Ltd v Hall and others [2016] EWHC 3260 (Ch) 21 December 2016 Rights to possession of property Possession rights in bankruptcy (Hawk v Hall) R v Neuberg [2016] EWCA Crim 1927, [2016] All ER (D) 92 (Dec) 15 December 2016 Confiscation orders Challenging a confiscation order (R v Neuberg) Gillan and others v HEC Enterprises Ltd and others and other applications [2016] EWHC 3179 (Ch), [2016] All ER (D) 103 (Dec) 9 December 2016 Office-holders and trust related work What is the scope of the Berkeley Applegate principle? (Gillan and others v HEC Enterprises Ltd and others) Fehily and another v Atkinson and another [2016] EWHC 3069 (Ch), [2016] All ER (D) 20 (Dec) 1 December 2016 Insolvency and capacity Insolvency and capacity (Fehily and another v Atkinson and another) Sands (as trustee in bankruptcy of the estate of Layne (a bankrupt))
PRACTICE NOTES
February 2016 Date Event 2 February 2016 Appeal hearing (Court of Appeal): Re Barons Finance Ltd (in liquidation) (LNB News 12/08/2015 121)Decision being appealed: [2015] EWHC 2007 (Ch), [2015] All ER (D) 126 (Jul). For further reading on this decision, see News Analyses: Putting assets out of reach of creditors and Permission to appeal—Barons Finance litigation continuesUPDATE: Court of Appeal decision: [2016] EWCA Civ 550, [2016] All ER (D) 79 (Jun). For further reading on this decision, see News Analysis: Re-trial due to unfair exclusion of evidence (Gopee v Barons Finance) 9 February 2016 (3.30pm) Lexis®Webinar: Reform of EU insolvency regulation and case law update with Chris Mallon, partner, and Sebastian Way, associate, at Skadden, Arps, Slate, Meagher & Flom (UK) LLP, and Chris Laughton, partner at Mercer & Hole (subscription required) 24 February 2016 (12.30pm) Lexis®Webinar: Directors' Duties under the Companies Act with Edward Crossley and Christopher Harrison, barristers at 4 Stone Buildings (subscription required) March 2016 Date Event 16 March 2016 The
PRACTICE NOTES
This Practice Note has been archived and is not maintained. Name of parties and citation(s) Judgment date Subject Lexis®PSL Analysis Peter Valach and others v Waldviertler Sparkasse Bank AG and others Case C-649/16 20 December 2017 Corporate restructuring proceedings and scope of recast Brussels Regulation Court of Justice rules corporate restructuring proceedings are outside scope of recast Brussels Regulation (Peter Valach v Waldviertel Sparkasse Bank AG) Ziggurat (Claremont Place) LLP v HCC International Insurance Company plc [2017] EWHC 3286 (TCC), [2017] All ER (D) 121 (Dec) 20 December 2017 Performance bond triggered by contractor insolvency Performance bond triggered by contractor insolvency (Ziggurat v HCC) Revenue and Customs Commissioners v Lomas [2017] EWCA Civ 2124, [2018] All ER (D) 62 (Jan) 19 December 2017 Statutory interest payable by a company in administration is yearly interest Administration—statutory interest is yearly interest (HMRC v Lomas) Dalnyaya Step LCC (in liquidation); Cherkasov and others v Nogotkov (Official Receiver of Dalnyaya Step LCC (in liquidation)), [2017] EWHC 3153
PRACTICE NOTES
January 2017 Date Event 15 January 2017 Consultation on administration regime for financial market infrastructures ends. For further reading, see News: Government consults on administration regime for financial market infrastructures (LNB News 11/11/2016 145) February 2017 Date Event 1 or 2 February 2017 Appeal hearing (Court of Appeal): Tchenguiz and others v Grant Thornton UK LLP and others (LNB News 12/08/2015 125)Decision being appealed: [2015] EWHC 1864 (Comm), [2015] All ER (D) 36 (Jul) (Carr J, 1 July 2015). For further reading on this decision, see News Analysis: Icelandic banks, jurisdiction and the Lugano ConventionUPDATE: Court of Appeal decision: [2017] EWCA Civ 83, [2017] All ER (D) 40 (Mar). For further reading on this decision, see News Analysis: Allocation of jurisdiction for claim in winding-up process (Tchenguiz v Kaupthing Bank HF) 8 February 2017 The European Union (Notification of Withdrawal) Bill had its First Reading in the House of Lords and MPs debated the Bill in a Committee of the whole House of Commons. No
PRACTICE NOTES
ARCHIVED This Practice Note draws together analysis on the key milestones of the 2017–18 tax year. For a detailed explanation of the annual Budget and Finance Bill process, including the procedural aspects of the passing of a Finance Act, see Practice Note: The Budget and Finance Bill process. Finance Act 2018 The government published the Finance Bill 2018 (also known as the Finance (No 2) Bill 2017–19 or the Finance Bill 2017–18)
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note draws together content on the fiscal events throughout the tax year 2017–18 starting with the release of draft provisions for Finance Bill 2018 on Wednesday 13 September 2017, through the Autumn Budget in 2017 to the passage through parliament of the Finance Act 2018, and the Spring Statement on 13 March 2018 For a detailed explanation of the annual Budget and Finance Bill process, including the procedural aspects of the passing of a Finance Act, see Practice Note: The Budget and Finance Bill process. Spring
PRACTICE NOTES
This archived Practice Note provided an overview of various corporate governance reforms that were announced and/or implemented between 2017–2019, including the Companies (Miscellaneous Reporting) Regulations 2018, the 2018 UK Corporate governance Code, the Wates Corporate Governance Principles, the 2018 revisions to the AIM Rules and the QCA Code, the BEIS consultation on insolvency and corporate governance and the Kingman review. It has not been updated since 2019. Background In November 2016 the government, acting through the Department for Business, Energy and Industrial Strategy (BEIS), published a green paper on corporate governance reform (Green Paper). The Green Paper sought views on the following areas where the government was considering updating the UK’s corporate governance framework: • executive pay • strengthening the voice of employees, customers and other stakeholders • extending some of the features of the corporate governance regime to large private companies The government invited comments on the Green Paper by 17 February 2017. Following the consultation, in August 2017 the government published its response to the Green Paper in which it announced a package
PRACTICE NOTES
This Practice Note has been archived and is not maintained. Name of parties and citation(s) Judgment date Subject Lexis®PSL Analysis Sleight (as trustee of the estate of Jillian Paula Mascall deceased) v Crown Estate Commissioners [2018] EWHC 3489 (Ch), [2018] All ER (D) 111 (Dec) 19 December 2018 Vesting orders following disclaimer Can a trustee in bankruptcy apply for a vesting order post-disclaimer? (Sleight (as trustee of the estate of Jillian Paula Mascall deceased) v Crown Estate Commissioners) Bakhshiyeva (in her capacity as the foreign representative of the OJSC Internationl Bank of Azerbaijan) v Sberbank of Russia [2018] EWCA Civ 2802 18 December 2018 Upholds the Gibbs rule (which states a debt governed by English law cannot be discharged or compromised by a foreign insolvency proceeding). The ruling is of significance to financial institutions, creditors or any commercial party with contracts governed by English law Court of Appeal upholds the Gibbs rule (Gunel Bakhshiyeva (in her capacity as the foreign representative of the OJSC Internationl Bank of Azerbaijan) v
PRACTICE NOTES
January 2018 Date Event 1 January 2018 SIP 6 A new version of SIP 6—Deemed consent and decision procedures in insolvency proceedings is effective (since 1 January 2018).The new SIP 6 replaced interim SIP 6 which was effective from 6 April 2017. Unlike the interim SIP 6, the revised SIP will apply to LLPs as the Insolvency (Miscellaneous Amendments) Regulations 2017 now apply the Insolvency (England and Wales) Rules 2016 to LLPs. For more information, see LNB News 07/12/2017 87.It should be noted that SIPs 8,10 and 12 have been withdrawn in respect of all appointments in England and Wales since 6 April 2017, but remain in place for certain special insolvency regimes. For more information, see the ICAEW website.SIP 11 A revised version of SIP 11—The handling of funds in formal insolvency appointments is effective (since 1 January 2018). 15 January 2018 Business and Property Courts launched in Bristol (see LNB News 09/02/2018 107) 16 January 2018 HM Treasury’s consultation on: Breathing space call for evidence ends. Views are
PRACTICE NOTES
ARCHIVED: This Practice Note draws together content on the fiscal events throughout the tax year 2018–19 starting with the release of draft provisions for Finance Bill 2019, through the Budget in 2018 to the passage through parliament of the Finance Act 2019 (FA 2019), and the Spring Statement in 2019. For a detailed explanation of the annual Budget and Finance Bill process, including the procedural aspects of the passing of a Finance Act, see Practice Note: The Budget and Finance Bill process. Spring
PRACTICE NOTES
This Practice Note draws together content on the fiscal events throughout the tax year 2018–19 starting with the release of draft provisions for Finance Bill 2019, through the Budget in 2018 to the passage through parliament of the Finance Act 2019, and the Spring Statement in 2019. For information on the Finance Act 2019, detailing its progress through Parliament to Royal Assent and describing its key provisions, see: Tax—Finance Act 2019—progress through Parliament. For a detailed explanation of the annual Budget and Finance Bill process, including the procedural aspects of the passing of a Finance Act, see Practice Note: The Budget and Finance Bill process. Spring Statement 2019 The Chancellor of the Exchequer, Philip Hammond, delivered his Spring Statement on Wednesday 13 March 2019. Analysis includes: • Spring Statement 2019—Tax analysis • Spring Statement 2019—Private Client analysis • Spring Statement 2019—predictions for tax Finance Act 2019 The government published Finance Bill 2019 (FB 2019, also known as the Finance (No 3) Bill 2017–19, the Finance (No 3) Bill 2018, or the Finance Bill