Insolvency Debt in UK Law

  • Insolvency And Debt Advisers Facing A 'Grim 2008', Says Browne Jacobson
    • Mondaq United Kingdom
  • Real Estate Debt and the UK Corporate Insolvency and Governance Act 2020 – The Moratorium
    • LexBlog United Kingdom
    In late June 2020, the UK’s Corporate Insolvency and Governance Act (the Act) became law. While the Act was passed in response to the Coronavirus Disease 2019 (COVID-19) pandemic and its economic r...
  • Real Estate Debt and the UK Corporate Insolvency and Governance Act 2020 – The Moratorium
    • LexBlog United Kingdom
    In late June 2020, the UK’s Corporate Insolvency and Governance Act (the Act) became law. While the Act was passed in response to the Coronavirus Disease 2019 (COVID-19) pandemic and its economic r...
  • Commercial Debt And COVID-19: Could Provisions Under The Corporate Insolvency And Governance Act 2020 Assist Your Business?
    • Mondaq UK
  • New UK Insolvency Regime for Universities and Colleges
    • JD Supra United Kingdom
    The introduction of a special insolvency regime for university education and sixth form colleges in England and Wales (“Colleges”) is timely in light of growing concerns about debt-heavy Colleges. ...
    ... ... regime for university education and sixth form colleges in England and Wales (“Colleges”) is timely in light of growing concerns about debt-heavy Colleges. The new insolvency regime will provide for broadly familiar insolvency procedures for Colleges, some of which are not companies ... ...
  • (UK) Pensions – A Pot to Play for?
    • LexBlog United Kingdom
    The recent case of Re Lloyds British Testing Ltd [2023] is a reminder not to forget that in the right circumstances a director’s occupational pension pot might be a valuable source of funds that an...
    ... ... pension pot might be a valuable source of funds that an Insolvency Practitioner (IP) can access to recover an unpaid debt due from a former ... ...
  • Compromising English law debts: has the rule in Gibbs had its day?
    • JD Supra United Kingdom
    Under current English law, an English law debt can only be compromised by agreement or by the English courts. This is known as the "rule in Gibbs", after the 1890 Court of Appeal case which establi...
    ... Under current English law, an English law debt can only be compromised by agreement or by the English courts. This is ... recognise the compromise of an English law debt under a foreign insolvency or restructuring procedure in which the creditor has not participated. (If ... ...
  • The Rule In Gibbs: Safeguarding Creditors’ Rights Or Aiding And Abetting "Hold Out" In Foreign Insolvencies?
    • JD Supra United Kingdom
    There is an English common law rule that a debt governed by English law cannot be discharged or compromised by a foreign insolvency proceeding. This rule is derived from a Court of Appeal case: Ant...
    ... There is an English common law rule that a debt governed by English law cannot be discharged or compromised by a foreign ... do not consider it to be relevant in modern day cross-border insolvency proceedings following the continuing trend towards recognition of foreign ... ...
  • The Rule in Gibbs – An End to Creditor Protection? - Bakhshiyeva v Sberbank of Russia [2018] EWHC 59 (Ch)
    • JD Supra United Kingdom
    What Is the "Rule in Gibbs"? The rule in Gibbs is a long-established common law principle in which the Court of Appeal determined that a debt governed by English law cannot be discharged or comp...
    ... ... common law principle in which the Court of Appeal determined that a debt governed by English law cannot be discharged or compromised by a foreign ... The rule in Gibbs remains a fundamental tenet of English insolvency law ... Why Does the Rule in Gibbs Matter? ... The practical and legal ... ...
  • Litigation Funding Cements England’s Insolvency Litigation Hub Status
    • JD Supra United Kingdom
    Much like the English Scheme of Arrangement which has become a popular debt restructuring solution for international debtors, the English High Court is an attractive forum for insolvency litigation...
    ... Much like the English Scheme of Arrangement which has become a popular debt restructuring solution for international debtors, the English High Court is an attractive forum for insolvency litigation thanks to the potent ... ...
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