Cross-Border Insolvency & Brexit - Challenges & Opportunities

Cross-Border Insolvency & Brexit - Challenges & Opportunities

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Update: Requires no prior subject knowledge
1 hour
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Brexit has made profound changes to insolvency proceedings with a cross-border element encompassing the United Kingdom or any EU Member State.

It has altered everything from the prescribed content of bankruptcy/winding up petitions to the recognition by Member States of insolvency proceedings opened in the United Kingdom, and vice versa.

It is vital for any litigator or insolvency practitioner to understand how cross-border insolvency proceedings might operate in a post-Brexit world.

This new webinar will provide a summary of the pre-Brexit position and explain what has changed.

It will explore initial areas of uncertainty which have since been resolved, with reference to authorities such as Re Greensill Bank AG (a company incorporated in Germany, in insolvency administration) and Re Mederco (Cardiff) Ltd (09477164) Duffy and another v Mederco (Cardiff) Ltd.

Finally, it will look to the future and highlight the questions which remain for litigators and insolvency practitioners alike.

What You Will Learn

This webinar will cover the following:

  • What provisions were in place for the recognition by one Member State of insolvency proceedings opened in another before Brexit?
  • What was the position during the transition period?
  • When are insolvency proceedings ‘opened’ for the purposes of ascertaining whether the pre or post-exit provisions apply?
  • What are the new procedural requirements for insolvency proceedings opened in the UK after the end of the transition period?
  • What, if any, mechanism is now in place for the recognition of insolvency proceedings between the UK and Member States?
  • This webinar was recorded on 17th January 2022