South Square Digest Articles

Brake & Anor v The Chedington Court Estate Ltd [2023] UKSC 29
By Jon Colclough (South Square)
FamilyMart v Ting Chuan
By Oliver Payne (Ogier), Gemma Lardner (Ogier), Edwin…
CIGA 2020: Three Years On
BY Peter Burgess
Reliance On The Merger Price In Cayman Appraisal Actions
BY Andrew Jackson (Appleby), Damon Booth (Appleby), Barry…
The spectrum of control: the decision in Re Avanti Communications Limited
BY Tom Smith KC and Edoardo Lupi
Evaluation of the UK’s CIGA Reforms: A Best Practice Model?
BY Felicity Toube KC Hilary Stonefrost Scott Atkins…
Cryptocurrency and the claim in debt
BY William Willson Rabin Kok
Taking Flight
BY Stefanie Wilkins Fiona Macadam – Walkers William…
The Interests of Creditors in the Zone of Insolvency
BY Scott Atkins of Norton Rose Fulbright Felicity…
BTI 2014 LLC v Sequana SA: The Creditor Duty Comes of Age
BY MARK PHILLIPS KC1 MARK ARNOLD KC RABIN…
The Chancery Guide 2022
“Jarndyce and Jarndyce has passed into a joke.…
Kathryn Ma Wai Fong v Wong Kie Yik & Ors
Arbitration and Insolvency: Clash of Cultures?
Avoidance provisions in England and Australia
Farid Assaf SC1 Mark Arnold QC 2
Dovetailing between the Judgments Regulation and the Insolvency Regulation
The mountaineer’s knee: scope of the professional adviser’s duty of care explored
The Supreme Court has recently reconsidered the scope…
Restrictions on winding up: Phase II
On 9 September 2021, the government announced that…
Restructuring Plans and Relevant Alternatives
CIGA 2.0: The New Restrictions on Winding-Up
On 30 September 2021 the current restrictions on…
Sanctioning a contested restructuring plan
Pre-Packs: The New Regulations
Pre-packaged administration sales, or “pre-packs”, remain a widely…
Moving on to saving livelihoods-
the Government’s plan to deal with COVID period…
The UK Rescue Moratorium and the Australian SBR
Independence and Investigation Difficulties for Practitioners  New rescue…
CIGA Extension June 2021
On 16 June 2021, the Business Secretary announced…
Charting new waters: DeepOcean and Restructuring Plans
DeepOcean is the first case of the English…
Emerging Patterns in Cayman Islands Merger Appraisal Litigation
Rocco Cecere (Partner, Collas Crill) and Edoardo Lupi…
ING v Santander
Clara Johnson discusses the recent decision of the…
Cryptocurrencies: 2020 and beyond
Robert Amey and Jonathon Milne discuss Cryptocurrencies: 2020…
Virgin Atlantic Restructuring Plan
Lottie Pyper looks at Virgin Atlantic proposing the…
Strengthening business rescue in the UK and Australia
Felicity Toube QC, Hilary Stonefrost, Scott Atkins and…
Brexit: A deal that leaves recognition of UK insolvency procedures uncertain
Mark Phillips QC and Paul Fradley discuss Brexit:…
Winding down winding up: the temporary restrictions
Hilary Stonefrost and Daniel Judd discuss Winding down…
Cross Class Cram Downs
Robin Dicker QC and Adam Al-Attar explore Cross-Class…
Ipso Facto Reform – Why now, and does it go too far?
Felicity Toube QC and Georgina Peters consider the…
The Role of the Monitor in a Rescue Moratorium
Glen Davis QC explores the role of the…
Knowing when to stop: Wrongful Trading and Covid
Richard Fisher QC and Roseanna Darcy consider the…
Corporate Insolvency and Governance Bill 2020
A breath of fresh air  By Mark Phillips…
Open all hours?
Guernsey modernises its insolvency law
Legal Eye: Online Justice
Crypto and Insolvency
Litigation Funding in Insolvency
Litigation funding (also referred to as litigation finance)…
Brexit: to IP completion day and beyond
Reflective Loss: the Unprincipled Principle
The reflective loss principle (‘RLP’) is designed to…
Cryptoassets, cryptoliabilities: bitcoin and insolvency
Much ink has been spilt of late, including…
BTI 2014 LLC v Sequana SA [2019] EWCA Civ 112: the Twilight Zone
In February this year, the Court of Appeal…
Cryptocurrency: a guide for the rest of us
Articles about Bitcoin and other cryptocurrencies tend to…
Artificial Intelligence in English Law: A Research Agenda
Artificial intelligence (AI) is attracting an enormous amount…
“Kill all the lawyers”
  In this new regular feature of the…
The Corporate Insolvency Framework Review: A New UK Rescue Culture?
Brexit: Where are we going? Chequers or “No Deal”?
In the last edition of the Digest I…
Judgement: Saad v Ahmed
On 31 May 2018, the Chief Justice of…
Just and Equitable Winding Up
David Alexander QC on when the court will…
Excluding evidence from the matrix of facts
Hannah Thornley was appointed as a specialist legal…
Brexit: Where are we going?
Any parent of young children can tell you…
Schemes of Arrangement and the Judgments Regulation: The New Authorities
Ryan Perkins considers the application of the Judgments…
Learning from the mistakes of others
Glen Davis QC reflects on the lessons to…
Powers of investigation in a cross-border context
William Trower QC and Edoardo Lupi review the…
Supreme Court hands down judgment in Waterfall 1
Alexander Riddiford and Robert Amey report on the…
Banks’ liability for fraudulent withdrawals by authorised individuals
Madeleine Jones comments on the recent Court of…
Declaring dividends in the face of contingent liabilities
Following the recent High Court decision in BTI…
Leeds v Lemos: The rights of privilege in bankruptcy
On 17 July 2017, His Honour Judge Hodge…
Primeo v HSBC: Madoff feeder fund claim dismissed by Cayman Court
Toby Brown reports on the Grand Court’s decision…
Repudiatory breach claim upon contractual termination
Georgina Peters discusses the Commercial Court’s recent rejection…
Dishonest Assistance – Two new decisions
David Alexander QC reports on recent dishonest assistance…
Shopping and scheming and the rule in Gibbs
In the aftermath of the Singapore High Court’s…
The Cayman Islands as a restructuring centre: Ocean Rig opens the door
Daniel Bayfield QC and Nick Herrod of Maples…
Is evidence outside a registered document excluded from facts?
  In the light of the decision in…
Unfair trials – the perils of late evidence and insufficient reasons
Two recent cases in the Chancery Division provide…
Preserving the Golden Goose…
Richard Fisher identifies further guidance of the scheme…
Salford or the BVI: is there a dispute?
Mark Arnold QC explores the differences of approach…
Codere: a development in the cross-border scheme jurisdiction
David Allison QC and Ryan Perkins consider the…
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Kira King, top commercial chancery barrister joins South Square
3Pillars Project – Supporting young people to forge brighter futures
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