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The Spring Statement 2023 – Budget for Growth?
Chancellor, Jeremy Hunt, delivered this year’s Spring Budget after a cloud of disruptive events culminating in the collapse of the Silicon Valley Bank.
Fiduciary duties owed by trustees: an introduction
If you are not a professional trustee, it can often feel overwhelming having to comply with the far-reaching duties of being a trustee. Many trustees appointed under wills by the testator are lay trustees, not fully appreciating what the role involves. Here, we provide an introduction to the fiduciary duties of a trustee.
Duties of care owed by trustees: a brief guide
If you are not a professional trustee, you may not be aware that you have to carry out your duties, as a trustee when managing the trust, with reasonable skill and care. But what does this mean and how does it arise?
Professions and Financial Lines Brief: latest decisions December 2022
A roundup of the latest court decisions and regulations touching on the following issues: the reflective loss principle, solicitor policy coverage, a director’s duty to uphold the interest of a creditor and implied retainers (or the absence thereof) between solicitors and clients.
Bermuda: Provisional liquidation as a restructuring tool
Many of 2022’s restructuring cases illustrate important trends and developments regarding Bermuda’s “light touch” provisional liquidation (or “provisional liquidation for restructuring purposes” as it is also known), a technique used many times over the last 20 years after having been first utilised by the Bermuda Supreme Court in 1999.
Supreme Court confirms directors’ extended duty to protect creditors
On 5 October 2022, the UK Supreme Court confirmed that directors sometimes owe an extended duty to uphold the interests of a company’s creditors when solvency is in doubt.
Cost of living crisis
In July 2022, the annual rate of UK inflation (10.1%) was the highest it has been since 1982, affecting the affordability of goods and services. The high rates of inflation are predominantly due to supply chain disruptions and consumer demand, and the substantial increases in energy prices.
Kennedys continues corporate and commercial expansion with new partner hire
We are pleased to announce another key appointment to our growing corporate and commercial division. Partner Matthew Poli, who joins from (formerly) BLM, will be based in London but will work with clients globally on a broad range of non-contentious matters.
Bermuda: Restructuring & Insolvency 2022
This article first appeared in The ICLG to: Restructuring and Insolvency Laws & Regulations, which covers common issues in restructuring and insolvency, including issues that arise when a company is in financial difficulties, restructuring options, insolvency procedures, tax, employees and cross-border is.
Bermuda Court exercises discretion by declining to appoint nominees of first creditors' meeting
The decision of the Supreme Court of Bermuda in Re Ping An Securities Group (Holdings) Limited is a useful reminder of the facts that the jurisdiction to appoint liquidators following first meetings is discretionary and that creditor autonomy in the matter of appointments is not unlimited.