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    Bottoms down for Bargain Booze
    2018-05-14

    Conviviality, the company that owns Bargain Booze, Wine Rack and acts as supplier to Wetherspoons, Slug & Lettuce and many others, entered Administration on 4 April. The company's collapse was sudden and unexpected - as late as 8 March its stock market value was over £550 million, but its share price fell from 301p to 123p in less than 24 hours. This wiped £300 million off the company's value, a drop from which it never recovered.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Ashfords LLP
    Location:
    United Kingdom
    Firm:
    Ashfords LLP
    Re Mikhail Shlosberg (2018) - unreported
    2018-05-02

    The Court held that it had jurisdiction to order a Latvian bank to disclose information regarding a bankrupt's dealings. The Joint Trustees of the Bankrupt's estate had demonstrated that their request was reasonable and was required to identify further assets that the Bankrupt might hold.

    This decision is the latest that has been made in relation to the bankruptcy of Mr Shlosberg, a Russian businessman domiciled in London. Mr Shlosberg was made bankrupt in January 2015 on a judgment debt of US$195 million plus interest.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Ashfords LLP, Insolvency Act 1986 (UK)
    Authors:
    Adam Woodhouse , Alan Bennett
    Location:
    United Kingdom
    Firm:
    Ashfords LLP
    Glasgow (the bankruptcy trustee of Harlequin Property SVG Limited) v (1) ELS Law Ltd and others [2017] EWHC 3004 (Ch)
    2018-04-18

    The Facts

    This case involves an application brought by the trustee in the bankruptcy of Harlequin Property SVG Ltd (the "Company"), property developers incorporated under the laws of St. Vincent and the Grenadines ("SVG"). The Company's main asset was a property in SVG, the construction of which was funded by more than 1,900 deposits from individual investors. However, only 116 units were completed.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Ashfords LLP, Bankruptcy, High Court of Justice (England & Wales)
    Authors:
    Connor Pierce
    Location:
    United Kingdom
    Firm:
    Ashfords LLP
    Official Receiver -v- Brown [2018] EWCA Civ 303
    2018-04-18

    The Facts

    Mr Brown was declared bankrupt on 12 May 2016, following possession proceedings and costs order against him which had not been paid. Mr Brown did not accept that the original litigation leading to his bankruptcy was valid, and as a result did not accept that the bankruptcy proceedings were valid either. Mr Brown represented himself at all hearings and refused legal representation or assistance.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Ashfords LLP, Insolvency Act 1986 (UK), Court of Appeal (England and Wales)
    Authors:
    Cathryn Kozlowski
    Location:
    United Kingdom
    Firm:
    Ashfords LLP
    A Tale of Two Retailers
    2018-03-29

    What happened?

    Toys R Us' failure was blamed on competition from online retailers, changing consumer spending habits as a result of inflation and increases in business rates.

    Nevertheless, competing toy retailer The Entertainer announced sales growth of 6.8% and an increase in pre-tax profits of 37% last week. It does not show signs of succumbing to the pressures that led to the failure of Toys R Us.

    How could retailers of similar goods, operating in the same market conditions have had such disparate experiences?

    Filed under:
    United Kingdom, Insolvency & Restructuring, Ashfords LLP
    Authors:
    Giles Lane
    Location:
    United Kingdom
    Firm:
    Ashfords LLP
    Sberbank of Russia v Ramljak [2018] EHC 348 (Ch)
    2018-04-03

    The High Court held that "final determination" signifies the very last stage of any proceedings, without the chance to appeal. Sberbank were therefore still bound by their undertaking to take no further steps in an arbitration against the Company.

    Filed under:
    United Kingdom, Arbitration & ADR, Insolvency & Restructuring, Litigation, Ashfords LLP
    Authors:
    Mathilda Traill
    Location:
    United Kingdom
    Firm:
    Ashfords LLP
    More trouble for British High Street
    2018-04-04

    There is more trouble for the British High Street as Toys R Us and Maplins have both entered Administration. Toys R Us' remaining stores are due to close once stock is sold as the Administrators have been unable to find a buyer. Maplins' stores remain open for now and the Administrators are still looking to secure a buyer, but so far have been unsuccessful. New Look has announced it will be closing 60 stores, and Carpetright has announced plans to close poorly performing stores.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Ashfords LLP
    Authors:
    Alan Bennett
    Location:
    United Kingdom
    Firm:
    Ashfords LLP
    Directors’ fiduciary duties and the conversion of company property
    2018-04-09

    The Supreme Court has recently held that directors who have caused company property to be transferred to another company under their control may be liable to restore the proceeds even after expiry of the six-year limitation period.

    Mr and Mrs Fielding were directors and majority shareholders of Burnden Holdings (UK) Ltd ("BHUK"), a holding company with trading subsidiaries including Vital Energi Utilities Ltd ("Vital Energi").

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Ashfords LLP, Limitation Act 1980 (UK)
    Authors:
    Brendan Biggs
    Location:
    United Kingdom
    Firm:
    Ashfords LLP
    Restructuring options for retail businesses - update
    2018-03-20

    In our recent article on restructuring options for retail businesses, we outlined how a number of companies in that sector had implemented or were considering Company Voluntary Arrangements (CVAs).

    Filed under:
    United Kingdom, Insolvency & Restructuring, Ashfords LLP, Retail
    Authors:
    Katie Farmer
    Location:
    United Kingdom
    Firm:
    Ashfords LLP
    Toys R Us wiped off the Maplin
    2018-03-23

    Two big name high street retailers entered Administration in February: On 28 February, Toys R Us, whose financial struggles had been attracting media attention (not least from Ashfords' Restructuring & Insolvency Bulletin) since before Christmas, finally threw in the towel and appointed Administrators from Moorfields; while electrical goods firm Maplin also appointed PwC on the same day.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Ashfords LLP
    Authors:
    Connor Pierce
    Location:
    United Kingdom
    Firm:
    Ashfords LLP

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