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Landlords wounded from failed CVA challenge

Landlords of New Look stores have failed in their challenge to a CVA which wrote off rent arrears and imposed turnover rents on hundreds of stores.

Like so many high street fashion retailers New Look was already in a precarious position before the pandemic hit. When its turnover was reduced to nil overnight it projected it would run out of cash without help.

United Kingdom, Insolvency & Restructuring, Litigation, Real Estate, Stevens & Bolton LLP
UK Special Administration Regime

The UK Financial Services Authority (“FSA”) confirmed on 31 Oct. 2011 that MF Global UK Limited (“MF Global UK”) will be subject to the new Special Administration Regime (“SAR”).[1] This is the first time that the new regime, set out in The Investment Bank Special Administration Regulations 2011 (“SAR Regulations”)[2] has been invoked.

Background

United Kingdom, Banking, Insolvency & Restructuring, Schulte Roth & Zabel LLP, Futures contract, Investment banking, Best practice, Lehman Brothers cases, Pro rata, HM Treasury (UK), International Swaps and Derivatives Association, Lehman Brothers, FSA, Bank of England, National Commission on Fiscal Responsibility and Reform, Banking Act 2009 (UK)
U.K. Appeals Court expands scope of client money pool and universe of clients eligible for client money pool distributions

The U.K. Court of Appeal (the “Court of Appeal”) on Aug. 2, 2010, handed down a long-awaited decision regarding an appeal related to the scope of, and eligibility to receive distributions from, the Lehman Brothers Europe (International) (“LBIE”) pool of client money. Lehman Bros. Int. (Europe) (In Administration) v CRC Credit Fund Ltd. & Ors, [2010] EWCA Civ 917 (appeal taken from the Chancery Division) (U.K.).

United Kingdom, Banking, Insolvency & Restructuring, Litigation, Schulte Roth & Zabel LLP, Debtor, Dividends, Investment company, Pro rata, Lehman Brothers, FSA, Court of Appeal of England & Wales, High Court of Justice (England & Wales)
Claim resolution agreement, segregated assets, U.K. high court rulings

As previously described in our Alert of Oct.

United Kingdom, Insolvency & Restructuring, Litigation, Schulte Roth & Zabel LLP, Share (finance), Conflict of laws, Unsecured debt, Debt, Liquidation, Election, Pro rata, Lehman Brothers, High Court of Justice (England & Wales)