| 1 | Administration: provable debts and extra-territorial moratorium The High Court has held that the moratorium on proceedings against companies in administration has extra-territorial effect when the entity in administration is a UK credit institution subject to the Credit Institutions (Reorganisation and Winding Up) Regulations 2004 (SI 2004/1045) and the Financial Undertakings Act No 161/2002 in Iceland. | Articles | 30-Aug-2012 |
| 2 | Administrators' remuneration and duties: co-ordination ... The High Court has held that English administrators of a German registered company could not delegate their responsibilities to a preliminary administrator appointed by the German court to the same company, and so the court approved, in large part, their remuneration. | Legal update: archive | 27-Oct-2006 |
| 3 | Assistance of foreign courts A recent case has set out the circumstances in which the English courts may refuse to give assistance to foreign courts in insolvency proceedings. | Legal update: archive | 01-Jun-1996 |
| 4 | Australian corporate insolvencies Australia has introduced a new administration regime similar to Chapter II of the US bankruptcy code. | Articles | 01-Aug-1993 |
| 5 | Avoidance provisions The High Court has held that a creditor wishing to issue proceedings under section 423 of the Insolvency Act 1986 against a defendant situated outside the UK, could only do so with leave of the court even if the subject matter of the transaction was in the UK. | Legal update: archive | 06-Jul-2001 |
| 6 | Breach of EU Insolvency Regulation The High Court has held that it did not have jurisdiction to declare the foreign dissolution of a company to be ineffective, even though the dissolution was triggered by a foreign court order that breached the EU Regulation on Insolvency Proceedings (EC/1346/2000). | Articles | 26-May-2011 |
| 7 | Centre of main interests The French court has opened insolvency proceedings as main proceedings under the EC Regulation on Insolvency Proceedings in respect of a number of subsidiaries registered in EU member states other than France on the basis that the subsidiaries' centres of main interests were in France. | Legal update: archive | 21-Apr-2006 |
| 8 | Centre of main interests The High Court has held that the presumption that a company's centre of main interests is where its registered office is located was only likely to be determinative if no other evidence is adduced, or if all the evidence is evenly balanced and the court cannot make a rational choice between the two locations. | Legal update: archive | 22-Jun-2005 |
| 9 | Centre of main interests The High Court has considered the date on which a debtor's centre of main interests should be assessed and insolvency proceedings are opened for the purposes of the EC Insolvency Regulation. | Legal update: archive | 20-Jan-2005 |
| 10 | Centre of main interests The High Court has held that, when establishing a company's centre of main interests for the purposes of the EC Regulation on Insolvency Proceedings, the presumption that this is the place of its registered office is only one of the factors to be taken into account. | Legal update: archive | 24-Sep-2004 |
| 11 | Centre of main interests The French and German courts have refused to recognise English administration orders. | Legal update: archive | 04-Aug-2003 |
| 12 | Centre of main interests (COMI) | Glossary | Maintained |
| 13 | Chapter 11 | Glossary | Maintained |
| 14 | Chapter 15 | Glossary | Maintained |
| 15 | Co-operation with foreign courts in insolvency The Court of Appeal has held that it is within the discretion of the English court whether or not to assist a court in a foreign jurisdiction in the matter of insolvency law. The discretion is not limited simply to deciding how to assist the requesting court. | Legal update: archive | 01-Mar-1997 |
| 16 | COMI and proceeds of crime The Court of Appeal has held that the correct test to determine a company’s centre of main interests under the Cross Border Insolvency Regulations 2006 (SI 2006/1030) is that set out in Re Eurofood IFSC Ltd. | Articles | 28-Apr-2010 |
| 17 | COMI: Eurofood test upheld The High Court has held that there was no evidence to rebut the presumption that a bank's centre of main interests was at its registered office in Antigua. | Legal update: archive | 21-Aug-2009 |
| 18 | Competition law and the credit crunch: do the usual state aid ... A consideration of the state aid issues which have arisen out of the recent financial sector rescues and schemes in Europe. | Articles | 22-Jan-2009 |
| 19 | Credit institutions: European Commission consultation The European Commission has launched a consultation as part of a review of the Reorganisation and Winding Up of Credit Institutions Directive. | Legal update: archive | 23-Jul-2007 |
| 20 | Credit institutions: foreign insolvency proceedings The Supreme Court has held that H, a Scottish bank in administration, was entitled to set off its claim in its administration against its Icelandic parent bank (L) against L’s reciprocal claims against H, despite the fact that H’s claim had been extinguished as a matter of Icelandic law. | Articles | 27-Mar-2013 |
| 21 | Credit institutions: foreign insolvency proceedings The Inner House of the Court of Session has held that the Scottish courts could, in the context of the administration of a Scottish bank, take the bank’s claim against its Icelandic parent bank into account when applying insolvency set off, even though the Scottish bank’s claim was invalid under Icelandic law. | Articles | 27-Oct-2011 |
| 22 | Credit institutions: winding up The High Court has construed the meaning of winding-up proceedings under the Reorganisation and Winding Up of Credit Institutions Directive and has determined, in respect of proceedings commenced in England in July 2010, that Kaupthing Bank HF only went into Directive-compliant winding-up proceedings in Iceland in November 2010. | Articles | 28-Apr-2011 |
| 23 | Cross border insolvency: Set-off The court has no power to disapply Rule 4.90 of the Insolvency Rules 1986 regarding set-off. As a substantive rule, it cannot be disapplied in an ancillary English liquidation in deference to the insolvency regime which governs the principal winding up. | Legal update: archive | 01-Nov-1996 |
| 24 | Cross-border insolvencies: UK and US markets compared The second part in a series on distressed debt considers and compares the insolvency proceedings and regimes in the UK and the US. | Articles | 20-Nov-2008 |
| 25 | Cross-border insolvency Lord Hoffman gave his views on cross-border insolvency in the 1996 Denning Lecture. | Legal update: archive | 01-Jun-1996 |
| 26 | Cross-border insolvency The High Court has applied Part 1 of the Insolvency Act 1986 relating to company voluntary agreements to an Isle of Man company in circumstances where there was a close connection with England. | Legal update: archive | 02-Jul-2002 |
| 27 | Cross-border insolvency The Supreme Court has held in two joined appeals that there is no special bankruptcy jurisdiction that allows the court to enforce foreign court orders made without jurisdiction, whether under the common law, the Cross-Border Insolvency Regulations 2006 (SI 2006/1030) or section 426 of the Insolvency Act 1986. | Articles | 28-Nov-2012 |
| 28 | Cross-border insolvency The Court of Appeal has held that, in certain circumstances, the English court has the power to direct the English liquidator to transfer funds for distribution in the foreign liquidation, even if the scheme for equal distribution in that liquidation is not substantially the same as under English law. | Legal update: archive | 21-Jul-2006 |
| 29 | Cross-border insolvency The Privy Council has held that shareholders of an insolvent company may be bound by a plan approved by a US court, even if they have not submitted to its jurisdiction. | Legal update: archive | 23-Jun-2006 |
| 30 | Cross-border insolvency The High Court has held that the English court has no power to direct English liquidators to transfer funds realised in an ancillary English liquidation to the liquidators in the principal foreign liquidation if the scheme for pari passu distribution in that foreign liquidation is not substantially the same as under English law. | Legal update: archive | 28-Nov-2005 |
| 31 | Cross-border insolvency and arbitration The High Court has held that an insolvent Swiss company should be joined to ongoing English arbitration proceedings because they were a better venue than the Swiss bankruptcy court for resolving a substantive contractual dispute. | Articles | 25-Mar-2011 |
| 32 | Cross-border insolvency co-operation A new statutory instrument has extended to Malaysia and the Republic of South Africa the right to call for assistance in matters of insolvency law from the English courts. | Legal update: archive | 01-Apr-1996 |
| 33 | Cross-Border Insolvency Regulations The High Court has held that its powers to grant discretionary relief to foreign insolvency officeholders should not be construed narrowly by reference to the examples of relief expressly listed in the Cross-Border Insolvency Regulations 2006 (SI 2006/1030). | Articles | 29-Mar-2012 |
| 34 | Cross-Border Insolvency Regulations: disclosure The High Court has exercised its discretion under the Cross-Border Insolvency Regulations 2006 (SI 2006/1030) and ordered an English limited liability partnership to disclose records covering a 16-year period to a US bankruptcy trustee. | Articles | 30-Jun-2010 |
| 35 | Cross-Border Insolvency Regulations: discretionary relief ... The High Court has recognised Danish insolvency proceedings as foreign main proceedings under the Cross-Border Insolvency Regulations 2006 (SI 2006/1030) and has granted discretionary relief backdated to the start of the Danish proceedings. | Articles | 26-May-2011 |
| 36 | Cross-border insolvency: foreign officeholders The High Court has held that it can exercise its common law power to assist an administrator in a foreign administration to set aside antecedent transactions under section 423 of the Insolvency Act 1986, even where this goes beyond the territorial limits of the assistance it can provide under section 426 of the 1986 Act. | Articles | 01-Mar-2012 |
| 37 | Cross-border insolvency: the long-awaited solution The UNCITRAL Model Law on cross-border insolvency was finally implemented in Great Britain on 4 April 2006 by the Cross-Border Insolvency Regulations 2006. | Legal update: archive | 21-Apr-2006 |
| 38 | Cross-border restructurings The English and New York courts have considered issues arising from the restructuring of a UK company where concurrent insolvency proceedings were commenced in England and the US. | Legal update: archive | 30-Apr-2003 |
| 39 | CVAs: supervisors penalised The High Court has held that the supervisors of a company voluntary arrangement must follow the CVA’s terms and adjudicate a creditor’s claim, even though the validity of the claim may be affected by the outcome of ongoing US litigation. | Articles | 26-May-2010 |
| 40 | Debtor in possession finance | Glossary | Maintained |
| 41 | Directors in a crisis: a multi-jurisdictional view A look at the exposure of directors in troubled companies across a number of EU jurisdictions. | Articles | 24-Feb-2011 |
| 42 | Discharge of guarantees in insolvency The High Court has held that it had no power to find that an English law guarantee was discharged by the guarantor’s Indonesian debt reorganisation plan, dismissing arguments for a universalist approach. | Articles | 25-Mar-2011 |
| 43 | Disclosure of foreign documents A court may, in appropriate cases, grant an order that a foreigner who is not party to an action to produce documents relating to business transacted, and held, outside the jurisdiction. | Legal update: archive | 01-Mar-1998 |
| 44 | Distressed debt investing: a high risk game A summary of developments covered by PLC US. | Articles: other | 26-May-2009 |
| 45 | Dutch subsidiary: UK COMI shift The High Court has placed a Dutch subsidiary of a multinational group into administration, analysing the successful measures taken by the company to shift its centre of main interests to the UK in the context of the restructuring. | Articles | 24-Feb-2011 |
| 46 | EC Insolvency Regulation The European Court of Justice has held that the location of a company's registered office is key to determining its centre of main interests under the EC Insolvency Regulation. | Legal update: archive | 26-May-2006 |
| 47 | EC Insolvency Regulation The European Court of Justice has held that, for the purposes of the EC Regulation on Insolvency Proceedings, a debtor's centre of main interests should be assessed on the date that the application to open insolvency proceedings is filed. | Legal update: archive | 24-Feb-2006 |
| 48 | EC Insolvency Regulation The Advocate General has given his opinion on certain issues in relation to the EC Regulation on Insolvency Proceedings. | Legal update: archive | 21-Oct-2005 |
| 49 | EC Insolvency Regulation The Court of Appeal has held that for the purposes of the EC Insolvency Regulation a debtor's centre of main interests is to be determined at the time that the court is required to decide whether to open insolvency proceedings. | Legal update: archive | 22-Aug-2005 |
| 50 | EC Insolvency Regulation The lists of insolvency proceedings, winding-up proceedings and liquidators in the Annexes to the EC Regulation on Insolvency Proceedings for the UK have been amended. | Legal update: archive | 27-May-2005 |
| 51 | EC Insolvency Regulation The Irish Supreme Court has referred questions concerning the opening of proceedings, the location of a company's centre of main interests and the public policy exception under the EC Insolvency Regulation to the European Court of Justice. | Legal update: archive | 19-Aug-2004 |
| 52 | EC Insolvency Regulation The Irish High Court has held that the appointment of a provisional liquidator was sufficient to open main proceedings in Ireland under the EC Regulation on Insolvency Proceedings and that the most important factor for the court to consider when ascertaining the location of a company’s centre of main interests was where third party creditors would perceive the company to be located. | Legal update: archive | 27-Apr-2004 |
| 53 | EC Insolvency Regulation The High Court has held that it had jurisdiction to wind up a company that had its centre of main interests in Denmark as the EC Regulation on Insolvency Proceedings had no application to Denmark. | Legal update: archive | 01-Mar-2004 |
| 54 | EC Insolvency Regulation: beyond jurisdiction The High Court has considered the effect of the EC Insolvency Regulation on the way insolvency proceedings interact with other rights. | Legal update: archive | 24-Sep-2004 |
| 55 | EC Insolvency Regulation: challenging questions The insolvency of Eurofoods IFSC Limited has given the Irish Supreme Court the chance to refer thorny questions on the EC Insolvency Regulation to the European Court of Justice. | Legal update: archive | 23-Aug-2004 |
| 56 | EC Insolvency Regulation: mutual trust in operation? The French court's recent recognition of the English administration of a French registered subsidiary of the MG Rover group indicates that the principle of "mutual trust" on which the Regulation is intended to operate may now be starting to work in practice. | Legal update: archive | 27-Jun-2005 |
| 57 | EC Regulation on Insolvency Proceedings (Insolvency ... | Glossary | Maintained |
| 58 | English scheme of arrangement: useful for a Spanish ... On 26 May 2010, the High Court sanctioned the first ever English scheme of arrangement undertaken by a Spanish company. Schemes have become a popular tool in large restructurings, and are increasingly being considered by European companies that have a connection to the UK, due to the lack of a local equivalent that would enable them successfully to restructure their debt without the unanimous consent of their creditors. | Articles | 30-Jun-2010 |
| 59 | EU Convention on Bankruptcy The European Convention on Bankruptcy fell victim to the government's policy on non-co-operation in Europe. | Legal update: archive | 01-Jul-1996 |
| 60 | EU cross-border insolvencies On 31st May, 2002 the EC Regulation on insolvency proceedings came into force. | Legal update: archive | 27-May-2002 |
| 61 | EU Insolvency Regulation The High Court has granted an injunction to prevent a creditor from presenting a winding up petition in England in respect of a Swedish company with no establishment in the UK for the purposes of the EU Insolvency Regulation. | Legal update: archive | 30-Jan-2003 |
| 62 | EU Insolvency Regulation The High Court has held that it has jurisdiction to make an administration order in respect of a company incorporated outside the EU where the centre of main interests of the company is in England for the purposes of the EU Insolvency Regulation. | Legal update: archive | 25-Feb-2003 |
| 63 | EU insolvency Regulation The High Court has made administration orders over companies registered in Hong Kong and the Isle of Man respectively on the basis that their centres of main interests for the purposes of the EU Regulation on insolvency proceedings were in the UK. | Legal update: archive | 01-Jul-2003 |
| 64 | EU Insolvency Regulation: COMI The European Court of Justice has held that a company that carries on a single enterprise together with another company does not automatically share the centre of main interests of that other company, despite the mixing of the two companies’ assets. | Articles | 01-Mar-2012 |
| 65 | EU Insolvency Regulation: COMI The European Court of Justice has held that when determining a debtor’s centre of main interest under the EU Regulation on Insolvency Proceedings (EC/1346/2000), particular importance must be given to the place where the debtor has its central administration. | Articles | 01-Dec-2011 |
| 66 | EU Insolvency Regulation: establishment The High Court has set out the criteria for an “establishment” under the EU Regulation on Insolvency Proceedings (1346/2000/EC), and has held that the time for determining whether an establishment exists is when the relevant insolvency petition is first lodged. | Articles | 28-Jun-2012 |
| 67 | EU Insolvency Regulation: opening insolvency proceedings The High Court has held that a German court order that resulted in only a partial divestment of a debtor’s assets would be recognised and effective in the UK under the EU Regulation on Insolvency Proceedings (1346/2000/EC). | Articles | 26-Jul-2012 |
| 68 | EU Insolvency Regulation: reform The European Commission is consulting on the future of European Insolvency Law. | Articles | 02-May-2012 |
| 69 | EU Insolvency Regulation: reform proposals The European Data Protection Supervisor has published an opinion on the European Commission’s proposed revisions to the EU Regulation on insolvency proceedings (1346/2000/EC). | Articles | 01-May-2013 |
| 70 | EU Insolvency Regulation: reform proposals The European Commission has announced its proposal to modernise the EU Regulation on Insolvency Proceedings (1346/2000/EC) by introducing an amending regulation. | Articles | 30-Jan-2013 |
| 71 | EU Insolvency Regulation: secondary proceedings The European Court of Justice has provided guidance on the interpretation of the EU Regulation on Insolvency Proceedings (1346/2000/EC) in relation to the opening of secondary proceedings. | Articles | 27-Feb-2013 |
| 72 | EU Insolvency Regulation: territorial proceedings The European Court of Justice has held that, in order to open territorial insolvency proceedings, a creditor must show that there are objective factors that prevent the opening of main insolvency proceedings in the state of the debtor’s centre of main interest, and that it is owed a debt by the debtor directly. | Articles | 25-Jan-2012 |
| 73 | EU regulations on jurisdiction The European Court of Justice has held that proceedings based on a cause of action assigned to a claimant by a liquidator do not constitute insolvency proceedings within the scope of the insolvency exception of the Brussels Regulation (44/2001/EC). | Articles | 31-May-2012 |
| 74 | Eurofood: was it worth the wait? The European Court of Justice has finally delivered its judgment in the Eurofood case. The decision is of much interest to insolvency practitioners as it considers the interpretation of key expressions used in the EC Regulation on Insolvency Proceedings. | Legal update: case report | 31-May-2006 |
| 75 | European Bankruptcy Convention The 15 member states have initialled a new Convention on bankruptcy, designed to improve co-operaton on cross-border insolvencies. The Convention defines the jurisdiction of the courts of member states, creates uniform conflict of laws rules, ensures recognition and enforcement of judgments, and provides for secondary insolvency proceedings in one member state where the primary proceedings are in another member state. The Convention also aims to guarantee information for creditors and their right to lodge claims. | Legal update: archive | 01-Nov-1995 |
| 76 | Foreign companies The High Court has jurisdiction and a discretion to apply English insolvency law to matters relating to a company which has never been registered in England. | Legal update: archive | 01-Oct-1993 |
| 77 | Foreign insolvent corporations: The jurisdiction of the English ... The court has jurisdiction to wind up a company incorporated and with assets outside the UK, if there is no other more appropriate jurisdiction for the winding up of that company and there is a sufficient connection with the jurisdiction. | Legal update: archive | 01-May-1992 |
| 78 | Foreign liquidators: asset realisations The High Court has held that it has a common law power to order payment of English asset realisations to foreign liquidators if the foreign insolvency regime provides for a pari passu distribution of such realisations to creditors. | Articles | 01-Oct-2009 |
| 79 | Impaired | Glossary | Maintained |
| 80 | Insolvency and enforcement of foreign judgments The Court of Appeal has held that the common law permits the enforcement of foreign judgments against individuals where these are made in the context of insolvency proceedings, notwithstanding the English rules of private international law. | Articles | 02-Sep-2010 |
| 81 | Insolvency in international arbitration: a growing concern An examination of the impact of an insolvent respondent in an arbitration. | Articles | 28-Jan-2009 |
| 82 | Insolvency proceedings: co-operation of UK courts The Scottish Court of Session has held that an English bankruptcy order would be enforceable in Scotland as if a Scottish Sheriff Court had made the order. | Legal update: archive | 21-Jul-2009 |
| 83 | Insolvency proceedings: enforcing foreign judgments The Court of Appeal has held that a judgment made in the context of foreign insolvency proceedings was capable of registration under the Foreign Judgments (Reciprocal Enforcement) Act 1933. | Articles | 28-Sep-2011 |
| 84 | Insolvency proceedings: shopping for the best forum A look at the possibility of forum shopping in insolvency proceedings, with a focus on an entity's ability to shift its centre of main interests to take advantage of the insolvency regime of a particular jurisdiction. | Articles | 26-Nov-2009 |
| 85 | International co-operation The Court of Appeal has held that an order sought by the Supreme Court of South Australia for the examination of an individual may, by virtue of section 426 of the Insolvency Act 1986, be granted by the English court where such an order would have been granted under the relevant Australian legislation. | Legal update: archive | 28-Jan-2000 |
| 86 | International insolvency: Jurisdiction and co-operation A consideration of the existing legal framework and some proposals for reform. | Articles | 01-Apr-1992 |
| 87 | Jurisdiction The proper forum for deciding whether a claim can be brought in a foreign jurisdiction is the foreign court. | Legal update: archive | 01-Sep-1992 |
| 88 | LBO restructurings: making sense of the market An examination of the issues raised by large cross-border restructurings of leveraged buyouts in the current economic climate. | Articles | 20-Jun-2012 |
| 89 | Lehman collapse: what next for creditors? On 22 September 2008, the High Court refused an urgent application by the investment management companies RAB Capital Plc and RAB Capital Market (Master) Fund to have their claim against Lehman Brothers International (Europe) dealt with by the courts as a matter of urgency. | Legal update: archive | 29-Oct-2008 |
| 90 | Marconi restructuring: A blueprint for the future? A review of the Marconi restructuring and examination of certain aspects of the deal that may be of general application in future restructurings. | Articles | 15-Sep-2003 |
| 91 | Nordic Bankruptcy Convention | Glossary | Maintained |
| 92 | Nortel: A global sales process for a global restructuring This article analyses how Nortel dealt with its insolvency to maximise return to creditors. | Articles | 26-May-2010 |
| 93 | Opening of proceedings The High Court has held that proceedings are opened for the purposes of the EU Insolvency Regulation when the court makes a bankruptcy order, not at the date of the petition. | Legal update: archive | 29-Jul-2003 |
| 94 | Overseas court order: enforcement The Court of Appeal has held that a creditor was not able to enforce a New York District Court order made over assets of an insolvent English company in New York State. | Legal update: archive | 21-Aug-2009 |
| 95 | Parmalat: The lawyers step in While a global team of lawyers assists with the restructuring and administration of Parmalat, the Italian dairy company at the centre of a massive financial fraud, other companies would do well to review their own fraud prevention measures. | Legal update: archive | 22-Jan-2004 |
| 96 | Pending legal proceedings The High Court has held that section 130 of the Insolvency Act 1986, which gives rise to a stay of pending legal proceedings in an English compulsory liquidation, did not apply where a company was subject to insolvency proceedings commenced in another EU member state. | Legal update: archive | 24-Sep-2004 |
| 97 | Remitting assets abroad The House of Lords has held that assets can be remitted to a foreign liquidator under section 426 of the Insolvency Act 1986, for distribution in accordance with the foreign rules of priority, even though a class of creditors will have priority in the overseas liquidation that they would not otherwise have under English law. | Legal update: archive | 23-May-2008 |
| 98 | Request by foreign court The High Court has declined to make an order for the oral examination of an individual (as requested by the liquidator of a foreign company) where proceedings had already been filed by the liquidator against the firm of accountants in which that individual was a partner. | Legal update: archive | 01-Jun-1999 |
| 99 | Restructuring and insolvency: time to rebuild An overview of the US bankruptcy code, including an outline of Chapters 7, 11 and 15 of the Bankruptcy Code and an overview of involuntary proceedings, creditor status in bankruptcy, and parent, director and lender liability. This article is part of the PLC US Special Report, which was published to mark the launch of PLC's first US services. | Articles | 11-Nov-2008 |
| 100 | Royal Dutch Shell unification: all together now An analysis of the unification of Royal Dutch and Shell Transport. | Articles | 20-Apr-2006 |
| 101 | Sale of foreign property The Court of Appeal has held that it had jurisdiction to order the sale of real property in Portugal on the application of the trustee in bankruptcy. | Legal update: archive | 23-Mar-2001 |
| 102 | Scheme of arrangement The High Court has sanctioned a scheme of arrangement for a German company despite none of the scheme creditors being domiciled in the UK. | Articles | 01-Mar-2012 |
| 103 | Schemes of arrangement: a Spanish twist and the release of ... An update on Re: La Seda de Barcelona SA [2010] EWHC 1364 (Ch), in which the High Court considered whether to sanction a scheme of arrangement proposed by a Spanish company, which also included the release of a guarantee provided by its subsidiary. | Legal update: case report | 28-Jun-2010 |
| 104 | Schemes of arrangement: jurisdiction The High Court has held that the English court has jurisdiction to sanction a scheme of arrangement of an insurance company regulated in a European Economic Area state other than the UK, provided the company has sufficient connection with England. | Legal update: archive | 21-Jul-2006 |
| 105 | Schemes of arrangement: release of third party The High Court has sanctioned a scheme of arrangement for a Spanish company, and confirmed the circumstances in which a scheme can release liabilities of an entity not party to the scheme document. | Articles | 28-Jul-2010 |
| 106 | Schemes of arrangement: The hawk that muddied the waters A recent Court of Appeal decision in re Hawk Insurance Company Limited has muddied the waters when deciding what constitutes different classes of creditors for the purposes of a scheme of arrangement under section 425 of the Companies Act 1985. | Articles | 29-May-2001 |
| 107 | Section 363 sale | Glossary | Maintained |
| 108 | Service Regulation applies to insolvency proceedings The High Court has held that the Service Regulation (1393/2007/EC) applies to all forms of insolvency proceedings. | Articles | 29-Mar-2012 |
| 109 | Trustee's power to amend bond payment terms The High Court has held that a bond trustee could amend the trust deeds for 25 related issues of bonds to provide that all of the bondholders be paid pari passu as a single group, using the trustee’s power to make non-materially prejudicial modifications to the terms. | Articles | 02-May-2012 |
| 110 | UNCITRAL model law The UNCITRAL (UN Commission on International Trade Law) model law on cross-border insolvency has been implemented. | Legal update: archive | 21-Apr-2006 |
| 111 | UNCITRAL Model Law on Cross-Border Insolvency | Glossary | Maintained |
| 112 | US Bankruptcy Code | Glossary | Maintained |
| 113 | US bankruptcy sales: new strategies for investors A summary of developments covered by PLC US. | Articles | 27-Apr-2009 |
| 114 | WIND Hellas: a complex restructuring in a global recession The restructuring of WIND Hellas was an innovative and complex transaction. This article examines the key features of the restructuring. | Articles | 24-Feb-2011 |
| 115 | Winding up a foreign company The Court of Appeal has confirmed that it is not necessary for a foreign company to have assets within the jurisdiction in order for the English court to exercise its jurisdiction to wind up the company and has endorsed the three part test applied at first instance for determining whether the court should exercise its jurisdiction. | Legal update: archive | 31-Mar-2000 |