Maitland Chambers
6 Experts
3 Contributions by Maitland Chambers Experts
PRACTICE NOTES
There is no restriction on a foreign creditor proving in an administration, liquidation or bankruptcy in England and Wales. Likewise, upon discharge from bankruptcy, an English debtor is, so far as the English court is concerned, freed from liability to foreign creditors. By contrast, under the so‑called Gibbs rule in English law (stemming from the decision in Antony Gibbs Sons v La Société Industrielle Et Commerciale Des Métaux), a foreign proceeding intended to extinguish a debtor’s obligations only releases those liabilities governed by the law of the country where that proceeding occurs, unless a creditor has submitted to the foreign process. In Re OJSC International Bank of Azerbaijan, the Court of Appeal, applying the Gibbs rule, refused to grant an indefinite continuation of the stay under article 21 of the Cross‑Border Insolvency Regulations 2006 (CBIR 2006), SI 2006/1030, which would have
Restructuring & Insolvency
PRACTICE NOTES
The duty of insolvency office-holders to preserve information and its relationship with the Civil Procedure Rules
The entitlements and obligations of insolvency office-holders regarding records, and the information contained within them, derive from, and are constrained by, the Insolvency Act 1986 (IA 1986), the Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024, the Insolvency Regulations 1994 (IR 1994), SI 1994/2507, together with the Civil Procedure Rules 1998, SI 1998/3132. In the course of administering an insolvent estate, an office-holder may acquire, retain, or produce multiple types of documents. Such rights and responsibilities relate to both the papers themselves and the data they hold, and exist by virtue of those instruments and remain subject to their provisions. This includes procedural duties and constraints...
Restructuring & Insolvency
PRACTICE NOTES
The purpose of the Copyright Tribunal
The Copyright Tribunal (the Tribunal) is a standalone adjudicatory body created under the Copyright, Designs and Patents Act 1988 (CDPA 1988). It exists to settle commercial licensing disputes between copyright holders or their agents and commercial users of protected material. The Tribunal sets the terms and conditions for collective copyright licensing schemes administered by licensing bodies, and also rules on disagreements concerning the terms of individual licences offered by those bodies. Under CDPA 1988, s 116(1), a licensing scheme means a scheme that specifies the classes of case in which the operator of the scheme, or the person on whose behalf he acts, is prepared to grant copyright licences, and the terms on which licences would be granted in those classes of case. The Tribunal does not hear claims for copyright infringement. Such claims are
IP
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