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Topical Issues in Insolvency & Restructuring

03 Mar 2016, All day

** Please note that this seminar is now fully subscribed. You are welcome to sign up – we will add you to our reserve list, and may repeat this seminar at a future date **

The Hardwicke Insolvency Team are hosting an evening seminar followed by refreshments in which Lesley Anderson QC, Alaric Watson, Aileen McErlean and Harriet Ter-Berg will discuss the following topics:

  • Lesley Anderson QC will discuss what is required when seeking sanction for a scheme of arrangements under Part 26 of the Companies Act 2006 in light of the guidance recently offered by Mr Justice Newey in Re Cordere Finance (UK) Ltd [2015] EWHC 3778 (Ch).
  • Aileen McErlean will consider the possibilities and limitations surrounding an office holder’s power to obtain documents from persons resident outside the UK and the extent of the extra-territorial effect of Section 236 of the Insolvency Act 1986 in light of Official Receiver v Norriss [2015] EWHC 2697 (Ch)
    • Harriet Ter-Berg will analyse strategy considerations for office holders looking to protect potential insolvency assets by way of applications for injunctive relief with particular reference to the issues that arose in the trustees’ application in Wood v Baker [2015] EWHC 2536 (Ch), including: the acceptability of limited cross-undertakings and the possibility of piercing the corporate veil.
  • Alaric Watson will review the potential pitfalls involved in ensuring proper personal service, in particular in relation to bankruptcy petitions, and how to avoid them, having special regard to the decisions in Morby v Gate Gourmet Luxembourg IV SARL [2016] EWHC 74 (Ch) and Re Peter Brister (Deceased) [2015] BPIR 1008.
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