Introduction
Last year saw several important decisions relating to restructuring plans, including Petrofac (see our Law-Now: Saipem judgment: fair benefit sharing for all creditors) and Waldorf (see our Law-Now: Waldorf Plan Rejected: Court stresses fairness and good faith).
For what comes next tlt.com Disputes Outlook 2026 Insolvency TLT TLT Disputes Outlook 2026 Disputes Outlook 2026 Contents 2 Contents Live issues Expanded claims against directors of insolvent companies 3 Creditor challenges outside of formal insolvency 3 Increased regulation in the private rented sector 4 Emerging trends Insolvency proceedings as a method of debt recovery 5 Contested winding up and bankruptcy petitions 5 Mid-market restructuring plans 6 Spot the risks. Plan ahead. Resolve with confidence. Disputes aren’t always avoidable, but being prepared can make all the difference.
The Supreme Court of New South Wales has clarified the circumstances in which a liquidator may recover deposit funds paid to a third party and the extent to which a counterparty may rely on the good-faith defence under section 588FG of the Corporations Act 2001 (Cth).
Introduction
In a recent decision, the Employment Appeal Tribunal (EAT) provided useful clarification on how TUPE operates in insolvency scenarios when a provisional liquidator is appointed. The judgment confirms that the TUPE exception for terminal insolvency proceedings can apply earlier than some employers and buyers may expect, with the result that employee transfer protections may be disapplied before a winding-up order is made.
TUPE and insolvency
The UK retail and hospitality sectors are entering the crucial winter trading period under renewed pressure following the Chancellor’s November Budget. Economic growth remains weak, and the Office for Budget Responsibility has downgraded its annual economic forecasts through to 2030, signalling that the operating environment for consumer-facing businesses is likely to remain difficult for some time. Meanwhile, insolvency levels continue their upward trajectory: 2,029 company insolvencies were recorded in October 2025, a 17% increase compared with the same month last year.
Can section 234 of the Insolvency Act 1986 serve as a fast-track route for administrators to secure vacant possession of property from trespassers? That was the question before the High Court in the recent case of Maher v Investalet Ltd [2025] EWHC 3133 (Ch).
The facts
At 11 p.m. on Thursday, December 31, 2020, the United Kingdom left the European Union.
This has since enabled staff in many airports in continental Europe, often with unconcealed delight, to direct British citizens to much longer queues than they would have needed to join had the U.K. remained an EU Member State.
It has recently been reported in the press that the project company for England’s largest Private Finance Initiative (PFI) contract is going into liquidation, affecting 88 schools in Stoke-on-Trent.
An insolvency practitioner (IP) can pursue a wide range of claims when appointed as the administrator or liquidator of a company.
These include claims that already existed at the point that the company entered an insolvency process (Pre-existing Company Claims), and ones that arise on insolvency (IP Claims see below).
An IP pursues Pre-existing Company Claims as agent for and in the name of the company, and these types of claims typically include claims for debt, breach of contract, breach of duty or recovery of property.