Federal Court of Justice confirms subordination of shareholder damages claims to all creditor claims in landmark insolvency ruling, Lars Westpfahl, Patrick Schroeder, Sonja Vidal, Susanne Hoerrmann, Tom Dittmar, Victor Aly

In its much-anticipated judgment of 13 November 2025 the German Federal Court of Justice (FCJ) held that in insolvency proceedings, shareholders’ damages claims are not to be treated pari passu with claims of unsecured creditors. With this landmark ruling, the FCJ brings an end to years of legal uncertainty, resolving the long-standing dispute between shareholders and…

Directors’ duties in insolvency: Hong Kong court warns of personal liability for frivolous challenges to winding-up orders

Introduction On 17 November 2025, the Hong Kong Court of Appeal delivered its reasons for judgment in Target Insurance Company Limited (in compulsory liquidation) v Nerico Brothers Limited [2025] HKCA 1024.  In this ruling, the Court imposed personal costs liability on a company’s sole director for pursuing an appeal against a winding-up order that it…

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No Cookies To use this website, cookies must be enabled in your browser. To enable cookies, follow the instructions for your browser below. Facebook App: Open links in External Browser There is a specific issue with the Facebook in-app browser intermittently making requests to websites without cookies that had previously been set. This appears to…