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Bulletin

Cross Border Insolvency Bulletin - April 2022

This bulletin focuses on the decision in Kireeva v Bedzhamov where the Court of Appeal recently considered the immovables rule and the judgment of the Court of Appeal in Windhorst v Levy dismissing an appeal against a registration order and granting a conditional stay of execution, whilst providing updates on recent decisions in the restructuring and insolvency space.

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article

Windhorst v Levy [2021] EWHC 1169 (QB)

In the recent case of Windhorst v Levy [2021] EWHC 1169 (QB), the Court of Appeal considered an appeal against an order of Mrs Justice Eady dated 6 May 2021 dismissing Mr Windhorst's (the Appellant) appeal from a registration order dated 17 August 2020 (the Registration Order) and an application for a stay pursuant to CPR 83.7(4).

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article

Kireeva v Bedzhamov – The immovables rule considered

The Court of Appeal recently considered immovable property in relation to a Russian bankruptcy, with a majority declining to appoint the Trustee as receiver of the Bankrupt’s £35m property. In addition it was held that the High Court had been wrong to reject evidence in relation to the validity of the Russian bankruptcy without cross-examining the witness.

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article

Spouse directors: the risks of saying ‘I do’

Section 172 of the Companies Act 2006 requires, among other things, that directors act in good faith and have regard to the likely consequences of decisions in the long term. Section 173 of the Companies Act 2006 requires directors to act with independent judgment. By doing nothing a director can be in breach of their duties.

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article

Swings and Roundabouts for Enforcement of Commercial Rent Arrears

The Coronavirus Act 2020, which was first introduced in March 2020, imposed a moratorium on most enforcement measures available to commercial landlords for recovering commercial rent arrears. This is due to be lifted on 25 March 2022. In addition, restrictions which were imposed by the Corporate Insolvency and Governance Act 2020 on winding up petitions are also due to end on 31 March 2022.

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Bulletin

Insolvency - News and Legal Updates, February 2022

In this bulletin, we focus on duties of directors and claims against them. We reflect on the decision from the point of view of how to avoid potential pitfalls when pursuing directors; and considers a director’s unsuccessful attempt to reclassify the nature of payments made to herself after the event.

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Bulletin

Business Bulletin - Pandemic Hangover

Recovering from the economic impact and ongoing uncertainty of Covid-19 will undoubtedly be one of the biggest challenges businesses have to face in the coming year. In this bulletin - the first of the year for our business contacts and their advisers.

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