News & Analysis as of

Creditors Unsecured Debt United Kingdom

Latham & Watkins LLP

Redressing the Balance of Power in Restructuring Plans Petrofac in the Court of Appeal

Latham & Watkins LLP on

The Court of Appeal has reversed the sanction of the Petrofac group’s restructuring plans and allowed the appeal of two dissenting unsecured creditors.Re Petrofac Limited and Petrofac International (UAE) LLC [2025] EWCA Civ...more

Morrison & Foerster LLP

Darty Holdings SAS v Geoffrey Carton-Kelly: To Decide or Not to Decide?

Morrison & Foerster LLP on

In this client alert, we set out the key findings by the Court of Appeal in Darty Holdings SAS v Geoffrey Carton-Kelly [2023] EWCA Civ 1135, which considers an appeal against the High Court decision that a repayment by Comet...more

Dorsey & Whitney LLP

UK Supreme Court Gives Landmark Ruling on Reflective Loss

Dorsey & Whitney LLP on

The Supreme Court Judgment in Sevilleja v Marex Financial Ltd [2020] UKSC 31, handed down on 15 July 2020, clarifies and substantially confines the scope of the doctrine of reflective loss. The Court, in a majority...more

Latham & Watkins LLP

UK Supreme Court Narrows Scope of “Reflective Loss” Principle

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The decision overturns a series of cases deemed to have over-expanded a principle preventing shareholders from claiming against third parties for falls in a company’s value. On 15 July 2020, the UK Supreme Court...more

Bryan Cave Leighton Paisner

Court of Appeal case - of interest to Security Trustees

Including an unsecured creditor in an agreed payments waterfall does not by itself confer on that unsecured creditor the benefit of a mortgagee’s usual duties on enforcement of security, or a direct claim against the sale...more

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