This is the message the courts are sending to office holders seeking approval of their fees. In two recent English High Court decisions, both handed down by HHJ Cawson KC, the courts clearly expect office-holders, as fiduciaries, to produce a sufficient and proportionate level of information to justify the level of fees being claimed.

The question of whether it is competent for the court to order a retrospective administration order has been the subject of much debate before the English courts. However, until now, there have been no reported Scottish decisions dealing with the point.

Two recent Supreme Court of Canada decisions demonstrate that the corporate attribution doctrine is not a one-size-fits-all approach.

Shareholder disputes can often be complex and emotionally charged, particularly in small or family-owned companies where personal relationships and business interests are deeply intertwined. When such disputes reach an impasse, the law provides several mechanisms for resolution. In particular, disgruntled shareholders have the ability to bring statutory based claims against the company.

When individuals and certain entities (such as partnerships, trusts and other unincorporated bodies) have debts that they are unable to repay to their creditors, they may consider or be faced with bankruptcy, which is known as sequestration in Scotland. However, sequestration is just one avenue. Alternative statutory debt solutions are available, which can provide breathing space and allow debts to be repaid over time, without creditor pressure.

Whilst most people would hope it could never happen to them, in our experience it often can. As such it pays to be prepared.

企业出现债务危机时，通常首选通过续贷、增益担保、延期支付等各种方式进行化解，避免债务危机扩散影响自身经营和市场竞争力。庭外债务重组往往是在企业通过诸多努力仍难以遏制危机蔓延时才会提出。启动庭外债务重组时，绝大多数债务人已无法全额清偿到期债务，同时还可能存在多项诉讼或仲裁、银行账户被冻结甚至资产被司法处置等不利情形。在此情况下，债权人很难相信债务人仅凭自身架构调整或经营方案优化可以摆脱债务危机，其更希望看到有投资人参与到重组中，为其债权回收提供更多可能性；债务人亦需要引入投资人为其提供资金、业务等全方位的支持，并以此为基础与债权人协商解决债务问题。因此，在庭外债务重组中引入投资人是债权人和债务人的共识。庭外债务重组实践中，鲜少出现没有投资人参与而由债务人与债权人自行完成重组的案例。

一、投资人的类型

Landlords might be starting to feel a little uneasy given the news that Superdry is considering a Company Voluntary Arrangement (CVA). Superdry is reportedly working with accountants to hash out a plan that will likely involve shutting down certain stores and cutting rent liabilities. The accountants instructed will be exploring whether either a CVA or a Restructuring Plan - both of which are processes which allow businesses to seek to reduce their liabilities to creditors – would be appropriate.

What exactly is a CVA?

Court approval of a sale process in receivership or Bankruptcy and Insolvency Act (“BIA”) proposal proceedings is generally a procedural order and objectors do not have an appeal as of right; they must seek leave and meet a high test in order obtain it. However, in Peakhill Capital Inc. v.

We have recently published a few blogs on the hot topic of company insolvencies, including more specifically about: