Insolvency and arbitration: A landmark judgment in Sian Participation Corp v Halimeda International Ltd [2024] UKPC 16 | Canada | Global law firm

Introduction The Privy Council has considered an appeal from the Court of Appeal of the Eastern Caribbean Supreme Court, originating from the courts of the British Virgin Islands (BVI), and delivered a landmark judgment in Sian Participation Corporation (In Liquidation) v Halimeda International Ltd [2024] UKPC 16. This decision engages the competing public…

Advance data reveals March was lethal month for many firms

While March’s official statistics and details of insolvencies won’t be confirmed by the government’s Insolvency Service (IS) until April 25, an agency that supplies data on companies in distress for those seeking to “capitalise on crisis” has warned that the month saw businesses collapsing at an alarming rate. London-based agency Administration List, which sells speculators…

Applications Filed For “Fraudulent & Wrongful Trading” Carried On By Corporate Debtor Can’t Be Termed As “Avoidance Applications” Under IBC

The Supreme Court held that the Applications filed in respect of “Fraudulent and Wrongful trading” carried on by the Corporate Debtor (CD) cannot be termed as “Avoidance Applications” under the Insolvency and Bankruptcy Code, 2016 (IBC). The Court held thus in a batch of Civil Appeals in which one of the Appeals was filed by…