The court has decided to allow a shareholder to pursue a derivative claim on behalf of a company that was placed into a pre-pack administration.
What happened?
Montgold Capital LLP v Ilska and others involved a restaurant company which was placed into a “pre-pack” administration, under which its entire business was sold, in late 2016.
United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Macfarlanes LLP, Derivative suit, Companies Act 2006 (UK)
This is an extract from Financier Worldwide's August online publication entitled "Pension challenges in bankruptcy and restructuring processes."
REFLECTING ON THE LAST FEW YEARS, HOW WOULD YOU DESCRIBE OVERALL PENSION CHALLENGES ARISING FOR COMPANIES FACING BANKRUPTCY / INSOLVENCY AND RESTRUCTURING PROCESS? WHAT MAJOR TRENDS HAVE DEFINED THIS SPACE?
United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Macfarlanes LLP, Defined benefit pension plan, The Pensions Regulator (UK), Pension Protection Fund