Maura McIntosh

1 month ago | herbertsmithfreehills.com | James Farrell |Maura McIntosh |James Robson

In a recent decision, the Commercial Court held that an energy supplier had not waived its contractual right to terminate an electricity supply contract following the customer's amalgamation, despite having continued to perform the contract for six months. The key question was when it actually became aware of its right to terminate – and this, the court said, was very shortly before it exercised that right: Ure Energy Limited v Notting Hill Genesis [2024] EWHC 2537 (Comm).

1 month ago | herbertsmithfreehills.com | Andrew Cooke |Maura McIntosh |Peter Thompson

The Supreme Court has confirmed that s.423 of the Insolvency Act 1986, which provides for the avoidance of certain transactions where they have been entered into for the purpose of defrauding creditors, has a broad application and covers not only transactions entered into by the debtor personally, but also those entered into via the debtor's company: El-Husseiny and another v Invest Bank PSC [2025] UKSC 4.

1 month ago | lexology.com | Andrew Cooke |Maura McIntosh |Peter Thompson

The Supreme Court has confirmed that s.423 of the Insolvency Act 1986, which provides for the avoidance of certain transactions where they have been entered into for the purpose of defrauding creditors, has a broad application and covers not only transactions entered into by the debtor personally, but also those entered into via the debtor's company: El-Husseiny and another v Invest Bank PSC [2025] UKSC 4.

2 months ago | herbertsmithfreehills.com | Andrew Cooke |Maura McIntosh |Peter Thompson

In a judgment handed down at the end of January, the Court of Appeal held that a bankruptcy petition could not be presented on the basis of a Russian judgment where that judgment had not been the subject of recognition proceedings in the English court: Servis-Terminal LLC v Drelle [2025] EWCA Civ 62. The court overturned the High Court's decision, which had reached the opposite conclusion.

2 months ago | herbertsmithfreehills.com | Peter Dalton |Heather Newton |Giulia Maienza |Maura McIntosh

Background of the CaseThe claimants (including Getty Images (US) Inc, Getty Images International UC, Getty Images (UK) Limited, Getty Images Devco UK Limited, iStockphoto LP (the "Getty Images Group") and Thomas M Barwick Inc (the "Sixth Claimant")) brought a lawsuit against the defendant, Stability AI Ltd – an open-source generative AI company based in England and Wales, alleging that Stability AI Ltd.