R&I update - December 2019

Welcome to the latest edition of the R&I update, summarising the more interesting recent legal developments in restructuring and insolvency.

Distribution plans and the failure of debt management companies

Nick Moser and Alexander Tocili discuss a recent case where a liquidator in the UK applied to the Court for approval of his distribution plan following the failure of a debt management company, to pay clients and his fees and expenses out of the pool of money collected.

Debenhams CVA challenge considerations

Nick Moser and Alexander Tocili examine a legal challenge by some Debenhams Retail Limited store landlords against the proposed Company Voluntary Arrangement on several grounds.

Insolvency firms at risk of paying defendants' litigation costs

Luke Viner summarises a recent case where a liquidator received funding from his own firm to pursue a claim against the company's directors.

English High Court grants asset preservation order over stolen cryptocurrency

Nick Moser and Alex Tocili review a High Court decision which gives bitcoin greater viability.

German company law: directors’ liability for intentional harm

Leopold Bauer and Jacqueline Schemmer explore the German Federal Court of Justice's confirmation of its case law on directors’ duties and liability for intentional harm.

Substitution of a plaintiff in a winding up application

We consider when a plaintiff can be substituted in a winding-up application against a company under the Singapore Companies (Winding Up) Rules.