In the current times of financial stress, a borrower seeking to renegotiate or refinance existing financing arrangements may be asked by its lender to enhance or refresh its security package through the grant of a new floating charge.
The question of whether a floating charge can be avoided due to section 245 of the Insolvency Act 1986 ("IA 1986") can arise in such a context.
Void floating charges under section 245 of the IA 1986
United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Stephenson Harwood LLP, Insolvency Act 1986 (UK)
Welcome to this month's edition of our commercial and tech update, covering a wide range of topics from Facebook's lacklustre approach in dealing with IP infringement to further confirmation on the Courts' approach to liquidated damages.
(Mis)Adventures in advertising
European Union, United Kingdom, USA, Competition & Antitrust, Copyrights, Designs and trade secrets, Insolvency & Restructuring, Internet & Social Media, Litigation, Media & Entertainment, Patents, Public, Trademarks, Stephenson Harwood LLP, Brexit, Competition and Markets Authority (UK)