News & publications

6 March, 2019 Determination of “Loss” following an “Automatic Early Termination Event” under the ISDA Master Agreement (1992 Multicurrency-Cross-border form)

In Lehman Brothers Finance AG v Klaus Tschira Stiftung GmbH [2019] EWHC 379 (Ch), Snowden J was asked to resolve a series of questions concerning the determination of “Loss” following an “Automatic Early Termination Event” under the ISDA Master Agreement (1992 Multicurrency-Cross-border form). The main issues related to the date by reference to which the determination of […]

27 February, 2019 The “presumption” of English law: Iranian Offshore Engineering and Construction Company v Dean Investment Holdings S.A. et al

In this case note Graham Dunning QC, Jern-Fei Ng QC and Adam Woolnough examine the decision of the Commercial Court in Iranian Offshore Engineering and Construction Company v Dean Investment Holdings S.A. et al [2019] 1 WLR 82 regarding the Claimant’s reliance on the “presumption” or “evidential assumption” under English law that in the absence of satisfactory evidence of […]

22 February, 2019 Challenging lawful dividend payment as a transaction defrauding creditors and for breach of directors’ duties (BTI 2014 LLC v Sequana SA and others; BAT Industries plc v Sequana SA and another)

Ciaran Keller discusses the practical implications of the judgment in BTI 2014 LLC v Sequana SA and others, BAT Industries plc v Sequana SA and another, which clarifies, with respect to a lawful dividend payment, when remedial relief under section 423 of the Insolvency Act 1986 (IA 1986) may be granted and when directors’ duties […]