Daniel Kessler (led by Bridget Lucas QC from Fountain Court Chambers) appeared for the First Defendant in European Real Estate Debt Fund v Treon & Ors [2021] EWHC 2866 (Ch), a £15m claim for deceit. The Defendants successfully argued that the claim was time-barred, and the claimant could with reasonable diligence have brought their claim sooner. The
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Practice point There is a standard form of order for permission to serve out of the jurisdiction (which can be found here), but parties commonly do not use the standard form. If the standard form is not used the claimant should ensure that the order expressly provides for service “elsewhere in the jurisdiction” (the “magic
Under ss. 214 and 246ZB of the Insolvency Act 1986, where a director of a company knows, or ought to conclude that there is no reasonable prospect that the company will avoid going into insolvent liquidation or insolvent administration, he or she must take every step that a reasonably diligent person having both the knowledge,
The Corporate Insolvency and Governance Act 2020 (‘CIGA 2020’), which entered into force on 26 June 2020, introduced the most significant changes to insolvency law in the United Kingdom for almost twenty years. These changes included temporary restrictions on creditors’ actions, which were set out in Schedule 10 to CIGA 2020 and were introduced in
In a speech to the Chancery Bar Association in March of this year titled “The direction of travel”, the new Chancellor, the Rt Hon Sir Julian Flaux, set out “some preliminary thoughts on the road ahead” as he takes stock of his new role. His speech[1] gave practitioners a glimpse at what the ‘new normal’
The High Court recently gave judgment in Davies v Ford [2021] EWHC 2550 (Ch) where Alexander Cook and Daniel Kessler represented the second and third defendants; a director found to have acted in breach of duty (“Director”) and the new company he incorporated with the first defendant (“NewCo”). The Court discussed the nature of the
The High Court on Friday gave declarations of insolvency sought urgently in relation to two energy supply companies, Igloo Energy Supply Limited and ENSTROGA Ltd. The declarations enable the regulator to take steps to revoke the companies’ energy supply licences and manage those customers’ energy customers going forward. Lara Hassell-Hart appeared in the Interim Applications
The Supreme Court has agreed to hear Stanford International Bank Limited (“SIB”)’s appeal against the decision of the Court of Appeal from earlier this year ([2021] EWCA Civ 53) which would result in the reduction of SIB’s claim from c.£118m to c.£2.4m. The claim, previously listed as one of The Lawyer’s ‘Top 20 Cases of
The High Court last week gave declarations of insolvency sought urgently in relation to two energy supply companies, Utility Point Limited and People’s Energy (Supply) Limited, which between them supply over half a million customers. The declarations enable the regulator to take steps to manage those companys’ energy customers and appoint a new energy supplier.
