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    Real Estate Quarterly Summer 2020
    2020-07-03

    Real Estate Quarterly

    Summer 2020

    Contents

    This newsletter is written in general terms and its application in specific circumstances will depend on the particular facts.

    If you would like to receive this newsletter by email please pass on your email address to one of the editors listed below.

    Filed under:
    United Kingdom, Company & Commercial, Compliance Management, Employment & Labor, Insolvency & Restructuring, Litigation, Public, Real Estate, Hogan Lovells, Brexit, Moratorium, Electronic signature, Coronavirus, Commercial tenant, HM Revenue and Customs (UK), House of Lords
    Location:
    United Kingdom
    Firm:
    Hogan Lovells
    The new UK Restructuring Plan
    2020-07-02

    The new UK Restructuring Plan

    The Corporate Insolvency and Governance Act, which received Royal Assent on 25 June 2020, contains a range of significant reforms, not least of which is the introduction of a new Restructuring Plan process. Together with the sweeping changes that the Act has in its sights, the Restructuring Plan and associated changes are aimed at improving the tools for companies to be effectively and efficiently rescued.

    Key takeaways

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Public, DLA Piper, Brexit
    Authors:
    David Ampaw , David Manson
    Location:
    United Kingdom
    Firm:
    DLA Piper
    The Corporate Insolvency and Governance Act - questions and answers with Ropes & Gray
    2020-06-30

    The Corporate Insolvency and Governance Act (the ‘CIGA’), which came into force on 26 June 2020, introduces the most significant changes to English insolvency law in a generation. In this article, we explore those changes in a ‘question and answer’ format.

    At a glance – what has changed?

    The CIGA has introduced permanent changes to English legislation that will ensure that England & Wales remains at the forefront of the global restructuring market. These measures are:

    Filed under:
    European Union, United Kingdom, Insolvency & Restructuring, Ropes & Gray LLP, Brexit, Coronavirus
    Authors:
    Matthew Czyzyk
    Location:
    European Union, United Kingdom
    Firm:
    Ropes & Gray LLP
    UK insurance M&A following COVID-19
    2020-06-24

    In this article we consider how the current challenging environment is impacting M&A in the insurance sector

    We are living in volatile times. As a consequence of the COVID-19 virus, our equity and high-yield markets have witnessed large swings, making it difficult to value assets. Uncertainty over the timing and extent of the recovery has also made it difficult to value income streams. Moreover, debt financing has become more challenging. All of these factors are contributing to a challenging environment for M&A.

    Filed under:
    United Kingdom, Corporate Finance/M&A, Insolvency & Restructuring, Insurance, Hogan Lovells, Brexit, Private equity, Due diligence, Coronavirus, Solvency II Directive (2009/138/EU), Financial Services and Markets Act 2000 (UK)
    Authors:
    Nicola Evans , Charles Rix , Jonathan Russell
    Location:
    United Kingdom
    Firm:
    Hogan Lovells
    Restructuring Viable Businesses in Ireland
    2020-06-24

    For many companies facing financial stress, restructuring liabilities is the only way for their business to survive. Consensual restructuring, or voluntary workout, requires agreement from creditors to reorganise the company’s liabilities, and is typically implemented by agreement between the company and its creditors. Court-based restructuring processes, on the other hand, involve at least some degree of legal coercion of creditors to vary or release liabilities.

    Filed under:
    European Union, Ireland, United Kingdom, Insolvency & Restructuring, Litigation, Public, Mason Hayes & Curran LLP, Brexit, Due diligence
    Authors:
    Judith Riordan , Maria Hickey
    Location:
    European Union, Ireland, United Kingdom
    Firm:
    Mason Hayes & Curran LLP
    Court revisits the issue of the extra-territorial effect of section 236 once again
    2020-06-23

    Re Akkurate Ltd (in Liquidation) [2020] EWHC 1433 (Ch)

    Back in November we reported on the case of Wallace v Wallace [2019] EWHC 2503 (Ch), where the Court grappled with the diverging authorities on the issue of whether section 236 of the Insolvency Act 1986 has extra-territorial effect.

    The issue recently came back before the Court in Re Akkurate Ltd (in Liquidation) [2020] EWHC 1433 (Ch).

    What did the Court decide?

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Public, Womble Bond Dickinson (UK) LLP, Brexit
    Authors:
    Fintan Wolohan
    Location:
    United Kingdom
    Firm:
    Womble Bond Dickinson (UK) LLP
    High Court holds s.236(3) of the Insolvency Act 1986 does not have extra-territorial effect, except where the EU Insolvency Regulation applies
    2020-06-23

    The High Court has held that s.236 of the Insolvency Act 1986 (“IA 1986”) does not have extra-territorial effect, so that the court is not generally permitted to make an order requiring a person outside the UK to produce books and papers and give an account of their dealings with an insolvent company: Re Akkurate Ltd (in Liquidation) [2020] EWHC 1433 (Ch).

    Filed under:
    European Union, Global, United Kingdom, Insolvency & Restructuring, Litigation, Public, Herbert Smith Freehills LLP, Brexit, UNCITRAL, Court of Justice of the European Union
    Authors:
    Natasha Johnson , Andrew Cooke
    Location:
    European Union, Global, United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    Dispute Resolution round-up - June 2020
    2020-06-22

    Welcome to the inaugural edition of our new newsletter, which is intended to capture the key developments in the English disputes arena over the past three months. We hope that you will find it an interesting read, whether you are a litigator, either in private practice or in-house, or a generalist wanting to keep abreast of the goings on in this space. We also hope that you will pass it on to any of your colleagues who may find it useful.

    Filed under:
    European Union, United Kingdom, Arbitration & ADR, Company & Commercial, Insolvency & Restructuring, Litigation, Public, Travers Smith LLP, Brexit, Force majeure, Coronavirus
    Location:
    European Union, United Kingdom
    Firm:
    Travers Smith LLP
    Insolvency Reforms Under the Corporate Insolvency and Governance Bill
    2020-06-01

    Permanent Reforms

    Moratorium: a new stand-alone moratorium to provide businesses with an initial 20-business-day stay from creditor action.

    Filed under:
    European Union, USA, Insolvency & Restructuring, McDermott Will & Emery, Brexit, Coronavirus
    Authors:
    Aymen Mahmoud , Michael N. Fine
    Location:
    European Union, USA
    Firm:
    McDermott Will & Emery
    Corporate Insolvency & Governance Bill 2019-2021: The Insolvency Changes You Need To Know About
    2020-05-27

    On 20 May 2020, the Corporate Insolvency & Governance Bill 2019-2021 was introduced to Parliament. With the Bill slated to be fast-tracked into law, here are some of the key insolvency aspects to be aware of.

    Why now?

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Stevens & Bolton LLP, Corporate governance, Brexit, Landlord, Moratorium, Coronavirus
    Authors:
    Tim Carter , David Steinberg
    Location:
    United Kingdom
    Firm:
    Stevens & Bolton LLP

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