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Cross Border Insolvency Bulletin - September 2021

In this bulletin we focus on the issue of centres of main interest (COMI), which is relevant post-Brexit under the Retained Recast Regulation.

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The Government’s intentions for pandemic rent debt. An update for commercial landlords, tenants...

The Government announced recently that it intends to create legislation to ringfence debt accrued by businesses who were affected by the pandemic and forced to close to prevent otherwise viable businesses collapsing under the pressure of rent arrears recovery action by out of pocket landlords.

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Is your right of light report right?

Any development in a built-up area, or where there are neighbouring properties, runs the risk of running into issues with rights of light which benefit neighbouring buildings.

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Notice or no notice – is the final payment due?

Court considers the conclusivity of the Final Statement and establishing the due date when no Notice of Completion of Making Good is issued for the whole of the Works.

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Moskalev v Yanishevskiy - costs awarded following COMI and statutory demand dispute

In the case of Moskalev v Yanishevskiy [2021] EWHC 1575 (Ch), ICC Judge Barber considered what order for costs should be made in respect of an application to set aside a statutory demand following the Respondent's subsequent withdrawal of the demand, where both COMI and the judgment which the demand concerned were disputed.

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Melars Group Ltd v East West Logistics LLP - COMI Guidance

In the recent case of Melers Group Ltd v East-West Logistics LLP [2021] EWHC 1523 (Ch) the High Court considered an appeal from a winding-up order made by Deputy ICC Judge Baister, who had concluded that the centre of main interest (COMI) of Melers Group Ltd (the Company) was in England and Wales rather than in Malta where its registered office was located.

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Professional negligence: claims, times and insurance

The effects of negligent legal advice can be long-running, subtle and hard to identify. It is important to fully investigate them within a reasonable period to be able to maximise your chances of a claim.

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For the attention of applicants of EUTMs and RCDs pending at 31 December 2020 – Important UK...

Owners of EU trade marks and designs, which were registered when the Brexit transition period ended on 31 December 2020, were lucky to have been granted automatic, and free-of-charge, equivalent UK rights on 1 January 2021.

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What you need to know about changes to the winding up petition process after 30 September 2021

After 30 September 2021 and until at least 30 March 2022, the current restrictions on winding up petitions will change, the government has recently announced.

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To vaccinate or not to vaccinate; what happens if the parents of a child cannot agree?

As the government continues to roll out and administer the COVID-19 vaccine and with more of the UK population now vaccinated there is a shifting focus on whether children age 12-15 should now also be vaccinated and the associated risks, it is fair to say that vaccinations are currently a hot topic.

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