Forum shopping

Gategroup plan sanction reasons handed down

Mr Justice Zacaroli has issued his reasons for sanctioning gategroup’s UK restructuring plan, in the face of an “artificial” forum shopping structure and questions over whether English law could vary rights between non-assenting creditors and foreign third parties.

31 March 2021

No guarantees: Tiger Resources Unpacked

Featured in Unpacked

GRR investigates how the Australian parent of a Congolese copper miner became the first company in the common law world to implement a guarantor’s scheme of arrangement, against a “well-funded, well-advised” opposing creditor and where restructuring in the Democratic Republic of the Congo or England was deemed possible, but impractical.

12 February 2021

Dutch senate approves amended scheme

Local lawyers in the Netherlands tell GRR they expect the new Dutch scheme to be used frequently in the new year, after the country’s upper house of parliament rubber-stamped legislation that will bring it into being.

07 October 2020

COMI not in place of registration by default, English court rules

An English court has issued a winding-up order against a Maltese-registered oil company, after finding its centre of main interests was in the UK rather than its place of registration by default.

17 August 2020

EU court interprets COMI under recast Insolvency Regulation

An EU court has interpreted the recast Insolvency Regulation to find that a couple who live and work in England, but whose only immovable asset is in Portugal, probably have their COMI in the UK.

21 July 2020

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