| Title |
Author |
Representing |
Date |
|
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|
|
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|
Statutory and Common Law Enforcement
of Foreign Insolvency Judgments |
Look Chan Ho |
Freshfields Bruckhaus Deringer LLP |
2011 |
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|
Statutory and Common Law Enforcement
of Foreign Insolvency Judgments |
Look Chan Ho |
Freshfields Bruckhaus Deringer LLP |
2011 |
|
|
|
|
|
|
The Financial
Collateral Directive's Practice in England |
Look Chan Ho |
Freshfields Bruckhaus Deringer LLP |
2011 |
|
|
|
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|
Outcomes in
Company Voluntary Arrangements |
Professor Adrian Walters and Dr Sandra Frisby |
Nottingham Trent University and University of
Nottingham |
March 2011 |
|
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|
Recognition Born of
Fiction – Rubin v Eurofinance |
Look
Chan Ho |
Freshfields Bruckhaus Deringer LLP |
2010 |
|
|
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|
|
Applying Foreign Law Realising the Model Law's Potential |
Look Chan Ho |
Freshfields Bruckhaus Deringer LLP |
|
|
|
|
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|
|
The Resilience of the
Principle against Divestiture in Mayhew v King |
Look Chan Ho |
Freshfields Bruckhaus Deringer LLP |
2010 |
|
|
|
|
|
Trusts notwithstanding, courts remain
free to find scheme jurisdiction |
Look Chan Ho |
Freshfields Bruckhaus Deringer LLP |
|
|
|
|
|
|
The principle against divestiture
and the pari passu fallacy |
Look Chan Ho |
Freshfields Bruckhaus Deringer LLP |
|
|
|
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|
|
Applying foreign law under the
UNCITRAL Model Law on Cross-Border Insolvency |
Look Chan Ho |
Freshfields Bruckhaus Deringer LLP |
|
|
|
|
|
|
Cross-border fraud
and cross-border insolvency: Proving COMI and seeking recognition
under the UK Model Law |
Look Chan Ho |
Freshfields Bruckhaus Deringer LLP |
|
| |
|
|
|
|
Understanding and disapplying the
rule in Cherry v Boultbee |
Look Chan Ho |
Freshfields Bruckhaus Deringer LLP |
|
| |
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|
Interrogating and indulging prepacks:
Re Kayley Vending |
Look Chan Ho |
Freshfields Bruckhaus Deringer LLP |
|
| |
|
|
|
|
The Limits &
Possibilities of International Insolvency in this era – a strategy
for national consultations in England & Wales
|
Dr. Bevlyn Loren Olima
|
|
|
| |
|
|
|
|
Enforcing English
set-off right in the US bankruptcy court: In re Lehman Brothers
Holdings Inc. |
Look Chan Ho |
Freshfields Bruckhaus Deringer LLP |
|
| |
|
|
|
|
Smoothing cross-border
insolvency by synchronising the UNCITRAL Model Law: In re Samsun
Logix Corporation |
Look Chan Ho |
Freshfields Bruckhaus Deringer LLP |
|
| |
|
|
|
|
Recognising
an Australian Solvent Liquidation under the UNCITRAL Model Law:
In re Betcorp |
Look Chan Ho |
Freshfields Bruckhaus Deringer |
July 09 |
| |
|
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|
|
Perfecting the Union, Perfecting
Universalism |
Look Chan Ho |
Freshfields Bruckhaus Deringer |
June 2009 |
| |
|
|
|
|
Is the future bright for enterprise groups in insolvency? - an
interim analysis of the current deliberations of UNCITRAL Working
Group V |
Irit Mevorach |
University of
Nottingham |
May 2009 |
| |
|
|
|
|
A restatement of the
English court’s jurisdiction to sanction a scheme of arrangement |
Look Chan Ho |
Freshfields Bruckhaus Deringer LLP |
April 2009 |
| |
|
|
|
|
Judicial variation of CVA: This article looks at
the court's power to vary the terms of a CVA |
Look Chan Ho |
Freshfields Bruckhaus Deringer LLP |
November 2008 |
Conflict of Laws in Insolvency
Transaction Avoidance
This article reviews the contexts
in which such choice of law issues are most likely to arise,
suggests how existing cases on extraterritoriality should be
rationalised, and proposes the proper choice of law approach going
forward. |
Look Chan Ho |
Freshfields
Bruckhaus Deringer LLP |
September 2008 |
| Possessing
'possession' - Re Oval 1742 |
Look Chan Ho |
Freshfields
Bruckhaus Deringer |
March 2008 |
|
|
|
|
| Demystifying
ancillary winding up - disapplying local substantive and
procedural rules |
Look Chan Ho |
Freshfields
Bruckhaus Deringer |
January 2008 |
| |
|
|
|
| UNCITRAL
Model Law on Cross-Border Insolvency |
Look Chan Ho |
Freshfields
Bruckhaus Deringer |
December 2007 |
| |
|
|
|
| Disputed
debts, cross-claims and administration orders: Hammonds (a firm) v
Pro-Fit USA |
Look Chan Ho |
Freshfields
Bruckhaus Deringer |
November
2007 |
| |
|
|
|
|
|
|
|
| Of
proprietary restitution, insurers' subrogation and insolvency
set-off - the untenable case of Re Ballast |
Look
Chan Ho |
Freshfields
Bruckhaus Deringer |
September
2007 |
|
|
|
|
| Whose
Claim is it? A critical assessment of the Re Oasis
Merchandising Services Orthodox |
Look
Chan Ho |
Freshfields
Bruckhaus Deringer |
August
2007 |
| |
|
|
|
| Interim
Report to The Insolvency Service on Returns to Creditors from
Pre-and Post-Enterprise Act Insolvency Procedures |
Dr
Sandra Frisby |
Baker
& Mackenzie Lecturer in Company and Commercial Law, University
of Nottingham |
July
2007 |
| |
|
|
|
| The
Impact of the Enterprise Act 2002 on Realisations and Costs in
Corporate Rescue Proceedings
Related
Presentation
|
John
Armour, Audrey Hsu and Adrian Walters |
Cambridge
University, National Taiwan University and Nottingham Trent
University |
March
2007 |
| |
|
|
|
| Study
of Administration Cases
Related
Presentation
|
Alan
Katz and Michael Mumford |
Research
Fellows at the International Centre for Research in Accounting,
Lancaster University |
October
2006 |
| |
|
|
|
| Report
on Insolvency Outcomes
Related
Presentation
|
Dr
Sandra Frisby
|
Baker
& Mackenzie Lecturer in Company and Commercial Law, University
of Nottingham |
June
2006 |
| |
|
|
|
| Barber
v CI - Preference Equals Undervalue? |
Look
Chan Ho and Rizwaan Jameel Mokal |
LexisNexis
Butterworths |
November
2006 |
| |
|
|
|
| Indicators
of fragility in the UK corporate sector |
Gertjan
W. Vlieghe |
Monetary
Assessment and Strategy Division, Bank of England |
|
|
|
|
|
| A
Matter of Contractual Trust and Subordination[2004] JIBLR 494-499 |
Chan
Ho, Attorney-at- Law and Barrister, London |
Sweet
and Maxwell |
|
| |
|
|
|
| Wrongful
Trading and the Liability of company directors -a theoretical
perspective |
Professor
Andrew Keay |
Andrew
Keay, Professor of Corporate and Commercial Law, University of
Leeds |
|
| |
|
|
|
Out
of the Insolvency Regulation and into the Judgments Regulation:
Mazur Media v Mazur Media (2004) 19 J.I.B.F.L. 357-361
What happens if a company is subject to formal
insolvency proceedings in a European Union member state and there
are pending litigation proceedings in England concerning, among
other things, the tort of conversion |
Look
Chan Ho |
LexisNexis
Butterworths |
|
| |
|
|
|
| Recasting
Phillips v Brewin Dolphin on transactions at an undervalue
(2003) 18 J.I.B.F.L. 43-46 |
Look
Chan Ho |
LexisNexis
Butterworths |
|
| |
|
|
|
| Insolvency
meets financial assistance: MT Realisations v Digital Equipment
(2002) 17 J.I.B.F.L. 443-447 |
Look
Chan Ho |
LexisNexis
Butterworths |
|
| |
|
|
|
Blowing
hot and cold: Phillips v Brewin Dolphin Bell Lawrie (2001)
16 J.I.B.F.L. 263-266
Transactions at an undervalue |
Look
Chan Ho |
LexisNexis
Butterworths |
|
| |
|
|
|
Administrative
Receivership and Administration - An Analysis
This working copy of a paper
argues that the Enterprise Act 2002 has changed the way those
dealing with distressed companies are required to behave much more
significantly than most commentators realise. |
Rizwaan
Jameel Mokal |
|
|
| |
|
|
|
Charges
over Chattels
Much of the recent debate as to
the criteria which determine whether a charge is properly
characterised as fixed or floating has revolved around charges
over book debts or other receivables. Charges over chattels have
received somewhat less attention.
|
Stephen
Atherton and Rizwaan Jameel Mokal |
|
|
| |
|
|
|
Liquidation
Expenses and Floating Charges
In the context of the decision
by the House of Lords in Buchler v. Talbot, this working copy of a
paper considers the nature of the charge and the mortgage, and
asks what effect the creation of such security interests has on
the property of the company. |
Rizwaan
Jameel Mokal |
|
|
| |
|
|
|
Resolving
the MS Fashions “Paradox”
In the context of the decision
of the House of Lords in Re Bank of Credit and Commerce International
S.A. (No. 8) [1998] AC 214, this short working copy of a paper
asks (i) whether the existence of a charge in one’s favour over
one’s own indebtedness (a ‘charge-back’) destroys the
mutuality necessary for insolvency set-off to operate, and (ii)
whether the assets of the insolvent company are notionally
collected before the set-off may operate.
|
Rizwaan
Jameel Mokal |
|
|
| |
|
|
|
| The
Harm Done by Administrative Receivership |
Rizwaan
Jameel Mokal |
|
|
| |
|
|
|
The
Search for Someone to Save: A Defensive Case for the Priority of
Secured Credit
The priority of secured
credit has repeatedly and famously been attacked for allowing the
exploitation of certain types of unsecured creditor. It has also
been blamed for creating inefficiencies. This paper examines these
arguments specifically as applied to the UK, and using both
theoretical analysis and recent empirical data, suggests none of
them can be sustained. |
Rizwaan
Jameel Mokal |
|
|
| |
|
|
|
| Bankers’
duties to customers reaffirmed - CHAPS transfer and equitable
set-off [2004] J.I.B.L.R. 466-468 |
Look
Chan Ho |
Sweet
and Maxwell |
|
| |
|
|
|
| A
New Byword for Cross-Border Restructuring: Scheme if Arrangement
as Judgement - Re; Cavell Insurance Company |
Look
Chan Ho |
|
|
| |
|
|
|
| The
Valuation of Distressed Companies - A Conceptual Framework |
Michael
Crystal QC and Rizwaan Jameel Mokal |
|
|
| |
|
|
|
| Administration
expenses, puncturing rescue culture? |
Look
Chan Ho |
|
|
