Articles by author
When shareholders sue: a comparative view of the ranking of shareholder claims in insolvency
This article analyses the treatment of shareholder damages claims in insolvency across selected jurisdictions, focusing on England, the Cayman Islands, Germany and the Netherlands. It contrasts systems which permit such claims to rank pari passu with unsecured creditors with those that subordinate or exclude them and assesses the implications for cross-border restructurings and recognition.
12 APR 2026Galapagos: proper construction of Distressed Disposal provisions in intercreditor agreement
In this article the authors consider the recent English High Court judgment in Galapagos v Kebekus [2023] EWHC 1931 (Ch) which turned on the proper interpretation of Distressed Disposal provisions in an English law intercreditor agreement (ICA), typical in European leveraged financing transactions.
1 OCT 2023
