In this article, first published in INSOL Europe's Eurofenix's Summer 2023 magazine, Gwilym Jones and Piers Elliott examine the options available to office holders when seeking to make realisations from litigation claims.
The Court of Appeal decision in Lock v Stanley (Re Edengate)  EWCA Civ 626 makes it clear that defendants to assigned claims will face significant hurdles if they try to challenge the office-holders decision to assign.
The Court of Appeal today handed down judgment in John Doyle Construction v Erith Contractors regarding the enforcement of adjudication decisions by insolvent companies. The Court of Appeal seems to disagree with the Supreme Court's decision in Bresco v Lonsdale and its decision will create significant uncertainty for insolvent claimants in the construction industry. Please see below some of our thoughts on the judgment.
Henderson & Jones has recently used an innovative assignment model to take control of a number of significant property assets for the benefit of bankruptcy estates. The property interests have now been secured and hundreds of thousands of pounds are due to be returned to the bankruptcy estates. See below for a brief explanation of how this was acheived.
Judgment has today been handed down in Re BetIndex Limited regarding the distribution to customers of funds held in a trust by BetIndex Limited t/a Football Index. Please see our summary of the key findings and a link to the full judgment.
Wise words from Mahatma Gandhi, however it seems that, despite being a lawyer, Gandhi was not talking about service in the legal sense of the world. In this article, Sophie Samani explains how not to get lost when seeking to serve individuals where their current whereabouts are unknown or they reside outside of the jurisdiction.
A recent change to CPR 36 permits Claimants to make Part 36 Offers which allow for interest to accrue after the end of the "Relevant Period" for accepting the offer. In this article, Piers Elliott considers the change made and evaluates the potential tactical opportunities this creates for Claimants.
The Supreme Court today handed down a series of judgments providing clarification on the principles that will apply when determining coverage for COVID-19 related claims under certain commonly used policy terms in different insurers’ business interruption policies. In this article, Lauren Pender considers the Supreme Court's decision and what that is likely to mean in practice for insurers and insureds.