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Articles by Simon Jerrum
The school appeals process: what you need to know should your child not be offered your preference
In this briefing associate Erin Smart explains the appeal process, detailing its key stages and important factors to consider before appealing, in the event your child has not been offered your school of preference. Timeframes for appealing Appeal timelines should have been published for your choice of school, so it may be helpful to consider these prior to your need for them.
EU's Insolvency Harmonisation Directive comes into force: what UK stakeholders need to know
In this article, legal assistant Lucy Lu explains what UK stakeholders should look out for as EU Member States ('Member States') begin implementing the new framework. Background and key dates On 21 April 2026, the Insolvency Harmonisation Directive came into force across the European Union.
Russell-Cooke strengthens restructuring and insolvency practice with senior associate hire
Peter brings more than two decades of experience advising on corporate and personal insolvency matters. He acts for a broad range of clients, including directors, companies, insolvency practitioners, creditors and individuals in financial distress, with particular expertise in contentious work such as fraud disputes, judgment enforcement and multi-jurisdictional litigation before English courts, arbitral tribunals and offshore jurisdictions including the British Virgin Islands and Bermuda.
Private equity investment in sports: key due diligence considerations
Investments such as CVC’s investment into some of the world’s leading leagues (Six Nations Rugby, the United Rugby Championship, La Liga, Premiership Rugby and women’s tennis) are well documented, but we are also increasingly seeing private equity firms taking ownership stakes in specific teams.
Using US discovery to support English litigation-Solicitors Journal
Senior associate Joshua Mitchell and trainee Holly Robinson have co-written an article in the Solicitors Journal examining how litigants in England and Wales can use US discovery procedures under Section 1782 of the US Code to obtain evidence in support of English litigation. The article explores the scope of Section 1782 applications, procedural requirements, strategic considerations and the discretionary factors applied by US courts when granting or resisting disclosure requests.
Enforcement and recovery of digital assets in insolvency proceedings
With the Insolvency Service reporting a 420% rise in cases involving digital assets over the past five years alone, insolvency practitioners and creditors must now consider digital assets as potentially significant components of any insolvent estate, requiring robust enforcement and recovery strategies.
Getting service of a claim right in litigation-Solicitors Journal
In the press Associate Emma Lowe has written an article in the Solicitors Journal explaining why proper service of a claim is critical in litigation and how to avoid common mistakes that can derail a case. She highlights the complexities of service rules, including the need to serve correct documents on time and the importance of complying with jurisdictional requirements, stressing that even minor errors can lead to severe consequences like claims being struck out or statute-barred.
The schools appeal process: what you need to know should your child not be offered your preference
In this briefing associate Erin Smart explains the appeal process, detailing its key stages and important factors to consider before appealing, in the event your child has not been offered your school of preference. Timeframes for appealing Appeal timelines should have been published for your choice of school, so it may be helpful to consider these prior to your need for them.
The importance of careful drafting of security documentation—Solicitors Journal
He writes that the decisions in both Avanti Communications and UKCloud, which centred on the question of whether security granted by a company over certain assets amounted to a fixed charge or floating charge, have potential consequences for multiple parties.
Servis-Terminal LLC v Valeriy Ernestovich Drelle: what it means for English insolvency law
Significantly, the Court held that a bankruptcy petition cannot be based on a foreign judgment unless that judgment has first been recognised by the English courts. This is the first time the Court of Appeal has considered this issue, and the judgment disapproves certain academic commentary in the area. Those involved in similar proceedings will therefore need to consider carefully the implications of this judgment on their position.
The implications for schools at financial risk: points to consider-Independent Schools Magazine
News and events The implications for schools at financial risk: points to consider—Independent Schools Magazine Concerned about increasing school fees?—A guide for separating parents and what to do if you can’t agree Mum’s the word: examining the use of confidentiality clauses in settlement agreements Supported accommodation: why investment in social care is needed more than ever More challenges to come as Hands takes government to task over LEFRA—Property Week Can we prune churchyard trees...
Financially distressed charities-issues to be aware of
Charities may find themselves in financial difficulty for a number of different reasons. In some instances, charities may suffer a reduction in donations (particularly in the present climate when donors’ personal finances may be stretched, local authorities are making cuts and contract income is being reduced by increasing margins). Alternatively, there may be increased costs involved in running the charity (with inflation having reached a 40 year high in October 2022).
Russell-Cooke’s Matt Bosworth reappointed to Sports Resolutions Pro Bono Service Panel
The Pro Bono Legal Advice and Representation Service (the Service) originates and operates as a legacy of the London 2012 Olympic and Paralympic Games. Members of the original London 2012 Pro Bono Legal Advice & Representation Service, operated by Sport Resolutions, assisted athletes, and others with Games accreditation, by providing pro bono legal advice on any Games-related matter.
Russell-Cooke appointed to the Charity Commission panel of Interim Managers
This appointment recognises Russell-Cooke’s expertise across a wide variety of practice areas and our commitment to ensuring the effective governance and management of charitable organisations. Interim Managers are appointed to charities under statutory inquiry in circumstances where the Charity Commission has serious concerns about a charity’s governance or financial health. Each charity subject to a statutory inquiry will pose unique challenges.
Applying Twice: BVI Court Of Appeal Reinforces The Protection Available To Beneficial Owners
The Court of Appeal’s Judgment comes as the most recent development in a long running dispute in relation to investments of approximately US$500m which Mr Wang made in four investment funds structured and promoted by the London based financial advisor ‘Floreat’.
Fund Finance Laws And Regulations 2024 – BVI | Appleby
The growth in the BVI fund finance market over the past few years has been driven in part by: expansion into a broader range of fund types; increasing take-up by fund sponsors who had not traditionally used the product in their fund families; record levels of fundraising; and an increasing number of bespoke transaction structures, including net asset value (NAV) and hybrid facilities, as well as equity commitment deals.
Summonsing Of An Officer Of A BVI Company For Examination Has Extraterritorial Effect – Reasoned Written Judgement Released - Directors and Officers - British Virgin Islands
The BVI Court has recently released its written reasons for the decision in BVIHC(COM) 2022/0119, Russell Crumpler and Christopher Farmer as Joint Liquidators of Three Arrows Capital Ltd (3AC) (in liquidation) -and- (1) Zhu Su (2) Kyle Davies. What makes this decision stand-out is not that the Court has the power to grant this powerful relief to liquidators (which is prescribed for at sections 284 and 285 of the BVI Insolvency Act, 2003 (as amended) (the IA).
Litigation Funding In The Offshore Jurisdictions: How Will The UK Supreme Court Decision In PACCAR Affect Offshore Litigation Funding?
The decision of the UK Supreme Court in PACCAR[1] has led funders of litigation in all jurisdictions to consider the implications for their existing funding agreements and how to deal with funded cases in the future. In this article, we consider the use of litigation funding in the offshore markets, and what the impact of the decision in PACCAR will be for those who are involved in the funding of litigation in those jurisdictions.
Litigation Funding In The Offshore Jurisdictions: How Will The UK Supreme Court Decision In PACCAR Affect Offshore Litigation Funding?
The Decision in PACCAR In summary, the Supreme Court has held that litigation funding agreements which provide for a return to the funder of a percentage of any damages recovered are damages-based agreements (“DBAs”) and must therefore comply with the Damages-Based Agreements Regulations 2013 (the “DBA Regulations”). The effect is that, as a matter of English law, any litigation funding agreements which do not comply with the DBA Regulations are unenforceable.
Bondholder Litigation Under The Spotlight In The Offshore Jurisdictions - Arbitration & Dispute Resolution - Worldwide
In a sign of what may be to come, a number of recent judgments have been handed down in the BVI, the Cayman Islands and Hong Kong dealing with the ability of ultimate beneficial noteholders to petition for the winding up of the issuer of US law governed notes. Given the current economic climate, with expected increases in high yield bond defaults, it seems certain that more investors will be looking at their enforcement options in the near future.
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