In a William Fry article published earlier this year, we discussed the Irish government's approval to opt-in to a regulation amending Annexes A and B to the European Insolvency Regulation 2015/848 (EIR Recast) regarding the recognition of insolvency processes recently introduced in other EU Member States.

We recently discussed the establishment of the Corporate Enforcement Authority (CEA) with effect from 7 July 2022, and the commencement of the Companies (Corporate Enforcement Authority) Act 2021 (CEA Act). With the commencement of the CEA Act, some insolvency-related amendments to the Companies Act 2014 (CA 2014) are now in force.

New data from UHY Hacker Young has found that UK restaurant insolvencies have increased by 64% in the last year... and it isn't just Covid that's to blame (though undoubtedly it is a factor). As eloquently put by a partner at UHY: "The restaurant sector has emerged from one crisis only to face an onslaught of other challenges."

The summer heatwave has started and this will no doubt result in an influx of Airbnb and holiday rentals. Nevertheless, the short-term lettings market is clearly still recovering from the financial impact caused to this sector during the pandemic.

Changtel Solutions UK Ltd (In Liquidation) and others v G4S Secure Solutions (UK) Ltd [2022] EWHC 694 (Ch)¹

Section 127(1) Insolvency Act 1986 (“IA 1986”) provides that: "In a winding-up by the court, any disposition of the company’s property, and any transfer of shares, or alteration in the status of the company’s members, made after the commencement of the winding-up is, unless the court otherwise orders, void."

With effect from 9 May 2022, a new Order 74C of the Rules of the Superior Courts came into operation. Order 74C facilitates the operation of the Companies (Rescue Process for Small and Micro Companies) Act 2021, which inserted a new Part 10A into the Companies Act 2014 (Part 10A).

The rising strength of the United Arab Emirates as a commercial powerhouse has continued as the Covid-19 pandemic recedes. The UAE was a key business hub prior to 2020, but the flow of money and talent into the country has increased since then, driven by numerous factors including the UAE’s business-friendly climate, its stable political regime, and the access to fair and transparent justice mechanisms.

As Robert Burns wrote, freedom and whisky may ‘gang thegither’ but it is fraud and wine making a fine pairing in the news recently by way of two separate examples of dishonest wine investment schemes.

Global Wine Exchange Limited

The first concerns Global Wine Exchange Limited (“Global”), which was wound-up in the public interest on 22 March 2022 following abuse of more than £1.9m of clients’ funds in a wine investment scheme.

On 11 May 2022, the Dáil and Seanad approved Ireland's opt-in to a regulation amending the Annexes to the European Insolvency Regulation, 2015/848 (EIR Recast). Regulation 2021/2260 (Amending Regulation) which replaces Annex A and B to EIR Recast came into force in January 2022.

Aviation news this week reports that Jota Aviation has an administration on the cards - big news for the premier league clubs (understood to include Chelsea, Arsenal, Manchester City, Liverpool and Manchester United) who rely on its services to jet them between their all important games.

Jota's administration isn't noted on Companies House or the public Court records just yet but they have cancelled all flights, suspended all services and offered it's three freight aircraft up for sale - all certainly indicative of an intention to cease trading.