This event chaired by Chief Insolvency and Companies Court Judge Briggs, considered the implications of the post-Brexit insolvency regime for general commercial litigators and practical strategies to deal with those implications.
Among other matters, they addressed
- The recognition in England of non-English (particularly EU) insolvencies post-Brexit.
- The consequences of EU-based insolvencies on prospective or pending litigation or arbitration in England
- The consequences of English-based insolvency on prospective or pending litigation or arbitration in the EU.
- The potential impact on the substantive rights of a party whose counterparty enters into non-English (particularly EU) insolvency post-Brexit.
- Practical issues that may still arise from the transition arrangements.
Jeremy Richmond QC, Nicola Allsop and Emily Saunderson addressed these issues (among others) and considered the practical risks and opportunities arising post-Brexit under the Cross Border Insolvency Regulations 2006, the post-Brexit statutory regime and common law.