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Governance: Corporate Insolvency and Governance Bill: impact on supply chains and their customers (UK)
Update; The Corporate Insolvency and Governance Act 2020 commenced into effect on 26 June 2020. While the final provisions of the Act largely reflected …
Herbert Smith Freehills reacts to UK Government's publication of Corporate Insolvency and Governance Bill
Responding to news that the Government has published draft legislation designed to temporarily suspend wrongful trading provisions, John Whiteoak, a …
COVID-19: GOVERNANCE: Directors’ Duties in a COVID-19 World (UK)
With a global pandemic causing unprecedented uncertainty for businesses, it has never been more difficult for the directors of UK companies fully to …
COVID-19: The Government's response (Germany)
Updated 3 April 2020 The German legislature has enacted a package of measures to enable businesses to face the impact of COVID-19. FINANCE The German …
COVID-19: PRESSURE POINTS: Right vs obligation to file for insolvency (Spain)
In Spain individuals and entities have an obligation to file for insolvency if they are unable to regularly meet their obligations within two months of …
COVID-19: Governance: Proposed changes to insolvency law in response to the crisis announced by Government (UK)
The Department for Business, Energy and Industrial Strategy (“BEIS”) over the weekend announced a number of proposed changes to UK insolvency law in …
COVID-19: Pressure points: Suspension of the insolvency application obligation (GERMANY)
Self-application Basic principle In the case of either (i) (imminent) illiquidity, i.e. the debtor is unable to pay its debts when they become due …
Liquidator's firm ordered to pay costs of insolvent company's unsuccessful litigation
The High Court has ordered a liquidator's firm to pay a proportion of the costs incurred by successful defendants following judgment in proceedings …
Landlords' remedies for tenant/guarantor insolvency (a short case study)
A case study of what to look out for when a tenant or its guarantor is looking like it is heading for financial difficultiesAs a prudent and prepared …
Managing Contractor Insolvency: A Legal and Practical Guide
One of the biggest risks faced by an employer in a construction project is the impact of the main contractor becoming insolvent, particularly in the …
Re-Assessing Directors' Liability for Unlawful Dividends
PRACTICAL IMPLICATIONS FOR COMPANIES AND OFFICEHOLDERS Revisiting over 150 years of case law, the High Court has resolved a question on which both the …
Using Decision Analysis for case management
Using Decision Analysis for case management This is the latest in our series of discussions about how clients have used HSF's Decision Analysis models …
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