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Retaining and securing property is insufficient “use” to trigger the requirement for rent to be paid as an expense of the liquidation

Re MK Airlines (16 May 2012) (unreported)

United Kingdom, Insolvency & Restructuring, Litigation, Real Estate, Hogan Lovells
TUPE does apply to transfers of companies in administration

Key2Law (Surrey) LLP -v- De' Antiquis [2011] EWCA Civ 1567

The Court of Appeal issued its long-awaited Judgment in the case of Key2Law (Surrey) LLP -v- De' Antiquis, confirming that businesses which are in administration are not exempted from TUPE.

United Kingdom, Employment & Labor, Insolvency & Restructuring, Litigation, MacRoberts LLP, Transfer of Undertakings (Protection of Employment) Regulations 2006 (UK)
Pre-pack administration; pre-appointment expenses

Re Johnson Machine and Tool Co 6

The company was the subject of a “pre-pack” administration, whereby it was placed into administration and its assets immediately transferred to a new company controlled by the directors and owners of the existing company.

United Kingdom, Insolvency & Restructuring, Litigation, Real Estate, Hogan Lovells, Costs in English law, Unsecured debt, Debt