The Ides of July (15th) – now or never to avoid commercial real estate insolvencies?

There may now be little time for the voluntary re-scheduling of lease payments due on and after the June 2020 quarter day....

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Re Akkurate Ltd

On 4 June 2020 the Chancellor handed down his decision in Re Akkurate Ltd (in Liquidation) [2020] EWHC 1433 (Ch), the latest in a line of first-instance cases on whether s236 Insolvency Act 1986 has extraterritorial effect....

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Black Swan wrongly decided

In a judgment handed down on Friday 29 May 2020 in Broad Idea International Limited –v- Convoy Collateral Limited (BVICMAP 2019/0026), the Eastern Caribbean Court of Appeal (Pereira CJ, Blenman, Michel JAA) has ruled that the BVI Court cannot grant a free standing freezing injunction against a BVI company where that company is not a party to substantive proceedings either in the BVI or elsewhere....

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Property in the pandemic: Update 15 May 2020

Since the original “Property in the pandemic” was written, on 20 April 2020, there have been further major developments in practice and procedure; even more significantly, the government has again promised wide-ranging reforms to insolvency law that are likely to have a dramatic effect on real property litigators....

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Property in the pandemic: A toolkit for commercial real estate litigators

A month into the lockdown, what is the state of play in real property litigation? What developments can we expect in the near future?...

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Guaranteed adjournment due to Covid-19? Think again…

Many litigants and court users will be assessing the impact of the COVID-19 pandemic on forthcoming hearings and trials....

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The Temporary Insolvency Practice Direction - Preparing for the Side-Effects of Covid-19

This new practice direction came into force on 6 April, and provides important changes to the procedure in insolvency proceedings....

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Wrongful trading suspension: Does it create a false sense of security?

Wrongful trading laws have been suspended. But other relevant laws remain unchanged. Critically directors remain subject to the creditors’ interest duty. Read our article which examines the current position and highlights other key issues to be kept firmly in mind by directors and those advising them in these challenging times....

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Forfeiture beyond the Covid-19 moratorium

Looking beyond the current moratorium, what place will forfeiture have in the post Covid-19 commercial real estate market?...

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