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.

The insolvency of a premises licence holder has an immediate impact from a licensing perspective. Most premises licences are granted in perpetuity. They can be surrendered by the holder, temporarily lapse if annual fees are not paid, or be revoked following a review. These are actions the licence holder either proactively instigates or is given notice of. However, a licence lapsing because of insolvency is different because the premises licence holder may be unaware that a licence has lapsed and it may be too late to rectify matters when the lapse is brought to their attention.

In the high-stake world of business, deals are often framed as life-or-death decisions. The pressure to close can feel insurmountable, particularly when the stakes are high, and the future of your company hangs in the balance. However, there is no deal you absolutely have to do. No matter how tempting or necessary a deal might appear, the power to walk away is one of the most valuable assets you can wield.

Introduction

The Ontario Superior Court of Justice’s decision in Carillion Canada Inc. clarifies how the principles in Montréal (City) v. Deloitte Restructuring Inc. (Montréal) should be applied to contingent obligations that are only quantified after the debtor company files for creditor protection.

In the receivership proceedings of Distinct Infrastructure Group Inc.

On July 13, 2022, the Court of Appeal for Ontario allowed an appeal from the Order of a bankruptcy judge in Sirius Concrete Inc. (Re), 2022 ONCA 524 (Sirius), which ruled that certain funds paid by a trade creditor formed part of the bankrupt’s estate. The issue on appeal was whether a constructive trust should be imposed over certain funds due to a claim of unjust enrichment arising from alleged fraudulent misrepresentations made by the bankrupt on the eve of its bankruptcy filing.

What this means for the shareholders of a business facing insolvency

Overview

Au Québec, le droit de la consommation évolue régulièrement et la Loi sur la protection du consommateur (L.P.C.) continue de faire l’objet de plusieurs décisions des tribunaux chaque mois.

À l’occasion de la publication de ce nouveau bulletin de notre série en droit de la consommation, nous présentons les développements récents dans ce domaine sous l’angle des décisions des quelque 12 derniers mois de la Cour d’appel du Québec, qui apportent un éclairage sur des règles de la L.P.C.