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24

Aug

2021

Worldwide Freezing Orders and Dissipation of Assets – Guideline Ruling

Leanne Schneider-Rose's picture

Written by Leanne Schneide...

Worldwide freezing orders (WFOs) are a powerful, some might say draconian, tool and will only be granted if there is a real risk of an alleged wrongdoer dissipating assets. The question of what constitutes such a risk came under analysis in a...

28

Jul

2021

Misused bounce back loans start to bite back

Leanne Schneider-Rose's picture

Written by Leanne Schneide...

Two recent cases, brought against directors of insolvent companies by the Secretary of State for Business, Energy & Industrial Strategy, provide an indication of how seriously the Government and the Courts are taking the misuse of funds provided...

07

Jul

2021

'Seriously Incompetent' Company Director Receives Four-Year Disqualification

Leanne Schneider-Rose's picture

Written by Leanne Schneide...

Many company directors admirably soldier on when their companies are experiencing cash flow difficulties, but it is the mark of a competent director to know when to seek professional insolvency advice. A director who left that decision far too late...

23

Mar

2021

Worldwide asset freezing orders issued after bank cries $1 Billion fraud

Leanne Schneider-Rose's picture

Written by Leanne Schneide...

Even banks and other sophisticated financial institutions are sometimes caught out by apparently thriving businesses which are not all that they seem. In a case on point, the High Court came to the urgent aid of an overseas bank which claimed to...

24

Aug

2020

Property Investors – make sure your money is secured from the outset

Leanne Schneider-Rose's picture

Written by Leanne Schneide...

Investing in property is very far from being risk free but usually has the advantage that monies advanced are secured against real 'bricks and mortar' assets. The crucial importance of ensuring that enforceable security is in place before parting...

24

Jul

2020

The Corporate Insolvency and Governance Act 2020 – Long Term reforms to the insolvency regime

Leanne Schneider-Rose's picture

Written by Leanne Schneide...

On the 25 June 2020 the Corporate Insolvency and Governance Act (CIGA) came into force. Some long term measures were implemented in respect of the current COVID 19 situation but it also implemented some long term reforms creating new additions to...

22

Jul

2020

Court acts to protect investment firm clients

Leanne Schneider-Rose's picture

Written by Leanne Schneide...

When banks or other financial institutions get into financial difficulties, the primary concern of judges is to protect the interests of investors. The High Court did exactly that in the case of an investment firm which held many millions in clients...

24

Apr

2020

How does the Furlough Scheme interact with the Insolvency regime?

Leanne Schneider-Rose's picture

Written by Leanne Schneide...

The government’s ‘furlough’ scheme is an unprecedented means of saving jobs and viable businesses in the midst of the COVID-19 crisis – but how does it interact with the insolvency regime? The High Court addressed that issue in the context of a...

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