Monthly Archives: March 2018

Burnden v Fielding [2018] UKSC 14: directors’ duties and limitation

Judgment on BAILII at: http://www.bailii.org/uk/cases/UKSC/2018/14.html A significant Supreme Court decision relating to claims brought against directors. Background The Respondent, Burnden Holdings (UK) Limited (“the Company”), was a holding company for various trading subsidiaries. The Appellants were directors of the Company. … Continue reading

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Ve Vegas v Shinners [2018] EWHC 186 (Ch): officeholder conflicts of interest and removal of administrators

Judgment on BAILII at: http://www.bailii.org/ew/cases/EWHC/Ch/2018/186.html Ve Interactive Limited (“the Company”) was a company involved in providing e-commerce services. It entered into administration and the Respondents, members of Smith & Williamson LLP (“S&W”), were appointed as administrators. The Company’s business and … Continue reading

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Bakhshiyeva v Sberbank [2018] EWHC 59 (Ch): CBIR 2006, recognition orders and the “rule” in Anthony Gibbs

Judgment on BAILII at: http://www.bailii.org/ew/cases/EWHC/Ch/2018/59.html OJSC International Bank of Azerbaijan (“IBA“) is the largest commercial bank in Azerbaijan. It fell into financial difficulties and entered into a restructuring proceeding under Azeri law. The Applicant was appointed as IBA’s foreign representative … Continue reading

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Cherkasov v Olegovich [2017] EWHC 3153 (Ch): recognition orders and public policy

Judgment on BAILII at: http://www.bailii.org/ew/cases/EWHC/Ch/2017/3153.html The Respondent was the official receiver (i.e. liquidator) of a Russian company called Dalnyaya Step LLC (“DSL”). The English court had granted him a recognition order pursuant to the Cross-Border Insolvency Regulations 2006 (“CBIR 2006”). … Continue reading

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Premier Motorauctions v PwC [2017] EWCA Civ 1872: claims brought by companies in liquidation and security for costs

Judgment on BAILII at: http://www.bailii.org/ew/cases/EWCA/Civ/2017/1872.html Premier Motorauctions and a wholly-owned subsidiary (“the Companies”) were car auction companies. In 2008, they were suffering financial difficulties. Lloyds Bank was their banking provider. PwC was engaged to conduct a review of the Companies’ … Continue reading

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