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Insolvency

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Rakesh Kapila explains when it is important to consider assets when valuing businesses
Foreign judgments can serve as the basis for bankruptcy or winding-up petitions even if not formally recognised in the courts of England and Wales, two recent judgments confirm. However, the process is not automatic, as Lauren Pardoe, partner, and Camilla Pratt, senior associate, in Rosling King’s dispute resolution group, write in this week’s NLJ.
The courts have provided welcome clarity on enforcing foreign judgments in English insolvency proceedings: Lauren Pardoe & Camilla Pratt outline the opportunities & challenges
Property and other immovables in England and Wales are protected from the reach of foreign judicial decisions, the Supreme Court has confirmed.
Iain Young discusses the emerging legal landscape of digital assets in England & Scotland

NLJ serves up a double helping of crypto this week. First, Andrew Bird KC takes a detailed look at the powers to freeze and destroy digital assets. Next up, Iain Young covers the legal landscape of crypto in Scotland & England

A fresh start: Max Marenbon & Anneliese Mondschein praise the court’s increasingly modern approach to interpreting statutory bankruptcy powers
With growing numbers of crypto disputes hitting the courts in the Caribbean, Grant Carroll examines the latest power to be added to a liquidator’s arsenal
The courts in the Cayman Islands have shown a willingness to explore the link between insolvency & trust law in resolving novel issues: Christopher Levers & Jordan Constable analyse a recent example
When bringing Insolvency Act claims, it pays to pick your battles, write Serle Court barristers and seasoned strategists Daniel Lightman KC & Charlotte Beynon.
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MOVERS & SHAKERS

Red Lion Chambers—Maurice MacSweeney

Red Lion Chambers—Maurice MacSweeney

Set creates new client and business development role amid growth

Kingsley Napley—Tim Lowles

Kingsley Napley—Tim Lowles

Sports disputes practice launchedwith partner appointment

mfg Solicitors—Tom Evans

mfg Solicitors—Tom Evans

Tax and succession planning offering expands with returning partner

NEWS
The rank of King’s Counsel (KC) has been awarded to 96 barristers, and no solicitors, in the latest silk round
Neurotechnology is poised to transform contract law—and unsettle it. Writing in NLJ this week, Harry Lambert, barrister at Outer Temple Chambers and founder of the Centre for Neurotechnology & Law, and Dr Michelle Sharpe, barrister at the Victorian Bar, explore how brain–computer interfaces could both prove and undermine consent
Comparators remain the fault line of discrimination law. In this week's NLJ, Anjali Malik, partner at Bellevue Law, and Mukhtiar Singh, barrister at Doughty Street Chambers, review a bumper year of appellate guidance clarifying how tribunals should approach ‘actual’ and ‘evidential’ comparators. A new six-stage framework stresses a simple starting point: identify the treatment first
In cross-border divorces, domicile can decide everything. In NLJ this week, Jennifer Headon, legal director and head of international family, Isobel Inkley, solicitor, and Fiona Collins, trainee solicitor, all at Birketts LLP, unpack a Court of Appeal ruling that re-centres nuance in jurisdiction disputes. The court held that once a domicile of choice is established, the burden lies on the party asserting its loss
Early determination is no longer a novelty in arbitration. In NLJ this week, Gustavo Moser, arbitration specialist lawyer at Lexis+, charts the global embrace of summary disposal powers, now embedded in the Arbitration Act 1996 and mirrored worldwide. Tribunals may swiftly dismiss claims with ‘no real prospect of succeeding’, but only if fairness is preserved
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