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    Insolvency reform in the water sector: Staying afloat in a rising tide
    2025-01-06

    Recent legislative reform in the water sector has expanded the special administration regime and there are further changes on the horizon

    Next month marks the hotly anticipated sanction hearing for the Thames Water restructuring plan. We take this opportunity to look back at the key legislative changes made last year, as well as those earmarked for the future.

    2024 legislative changes

    New legislation was introduced last year to amend the special administration regime for the water sector.

    The key changes to the existing regime were as follows:

    Filed under:
    United Kingdom, Insolvency & Restructuring, Burges Salmon LLP, Insolvency, UK House of Commons, House of Lords
    Authors:
    Emily Scaife
    Location:
    United Kingdom
    Firm:
    Burges Salmon LLP
    BHS: what the landmark judgments mean for the directors of distressed businesses
    2024-09-11

    We examine the findings of the High Court’s decisions and discuss the lessons which directors of distressed businesses should take from them

    The collapse of BHS in April 2016 remains one of the most extraordinary corporate failures in recent memory. Eight years on from the commencement of insolvency proceedings, and following a lengthy trial, the High Court has issued an expansive judgment on claims brought by the joint liquidators of four companies in the group against two former directors.

    Factual background

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Burges Salmon LLP, Due diligence, Companies Act 2006 (UK)
    Authors:
    Emily Scaife
    Location:
    United Kingdom
    Firm:
    Burges Salmon LLP
    High Court provides welcome guidance in approving moratorium for independent school
    2023-11-21

    Introduction

    Independent schools have not been immune from financial stress in recent years. Prior to the pandemic a combination of increasing staff costs, greater competition and the need for continual investment in technology and premises was already posing challenges for a number of institutions. This was exacerbated by the unique pressures of COVID, which saw income squeezed as a result of enforced school closures and reduced pupil numbers.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Public, Burges Salmon LLP, Moratorium, Winding-up, Insolvency, HM Revenue and Customs (UK), Corporate Insolvency and Governance Act 2020
    Location:
    United Kingdom
    Firm:
    Burges Salmon LLP
    Supreme Court confirms administrators are not personally criminally liable for failure to file HR1
    2023-11-01

    In a judgment that will be welcomed by insolvency professionals, the Supreme Court has today confirmed that administrators cannot be personally criminally liable for failing to notify the Secretary of State about plans for collective redundancies. This judgment follows an appeal by Robert Palmer against a finding that he was criminally liable for his failure to submit form HR1 in his capacity as the joint administrator of West Coast Capital (USC) Limited (USC).

    What is the obligation?

    Filed under:
    United Kingdom, Employment & Labor, Insolvency & Restructuring, Litigation, Burges Salmon LLP, UK Supreme Court
    Authors:
    James Green
    Location:
    United Kingdom
    Firm:
    Burges Salmon LLP
    Mr White gets the same treatment as Mr Green: director ordered to draw pension sums to pay creditors
    2023-10-18

    This judgment reinforces the Court’s power to order a judgment debtor to draw down their pension for the benefit of the creditors as recently seen in Bacci v Green.

    Summary

    The recent judgment handed down by the High Court in Manolete v White [2023] EWHC 567 (Ch) reinforces the Court’s power to order a judgment debtor to exercise a right to draw down on their pension for the benefit of creditors as recently seen in Bacci v Green.

    The Facts

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Burges Salmon LLP, Liquidation, Pensions Act 1995 (UK), Senior Courts Act 1981 (UK)
    Authors:
    Justin Briggs , Simon Lellouche
    Location:
    United Kingdom
    Firm:
    Burges Salmon LLP
    Lessons for lenders when taking security: Re UKCloud Ltd (in liquidation)
    2024-06-13

    In a recent judgment1, the High Court determined (contrary to the arguments of the affected secured creditor) that a debenture created a floating charge rather than a fixed charge over certain internet protocol (IP) addresses. Whilst elements of the decision are inevitably fact-specific, some broader lessons and reminders can be taken from the judgment which will be of general relevance to lenders when taking security.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Litigation, Burges Salmon LLP, Employee Retirement Income Security Act 1974 (USA), Liquidation, Secured creditor, Lender, Secured debt
    Location:
    United Kingdom
    Firm:
    Burges Salmon LLP
    First ever unsecured credit bid approved by the Courts - Re Sova Capital Ltd [2023] EWHC 452 (Ch)
    2023-05-04

    Sova Capital Ltd (“Sova”) was an FCA authorised and regulated broker. Before it went into Special Administration, Sova provided investment brokerage services to institutional and corporate clients, mostly trading in the Russian market.

    Filed under:
    Russia, United Kingdom, Insolvency & Restructuring, Trade & Customs, Burges Salmon LLP, Sanctions, Financial Conduct Authority (UK)
    Authors:
    Michael Duncan
    Location:
    Russia, United Kingdom
    Firm:
    Burges Salmon LLP
    Insolvency Procedures and Russian Sanctions
    2023-03-22

    The war in Ukraine continues and the economic effect of sanctions against businesses that are connected to the Russian government are now being felt in earnest. Unsurprisingly, sanctions are becoming an increasingly hot topic for insolvency practitioners.

    Recent months have seen the Courts hand down some important decisions, which provide helpful guidance on situations where the sanctions regime interfaces with insolvency processes. We have summarised three of the most significant in this article.

    Filed under:
    United Kingdom, England & Wales, Insolvency & Restructuring, Trade & Customs, Burges Salmon LLP, Sanctions, Russia-Ukraine conflict, Insolvency, Office of Financial Sanctions Implementation (UK)
    Authors:
    Michael Duncan , James Sutherland
    Location:
    United Kingdom
    Firm:
    Burges Salmon LLP
    The not so artful dodger: art dealer ordered to draw maximum pension sums to pay creditors
    2023-03-03

    Summary

    In the recent Court of Appeal decision Bacci v Green [2022] EWCA Civ 1393 the Court, upholding the decision of the High Court, held that a judgment debtor can be ordered to delegate authority to waive valuable tax protection and draw pension where doing so would enable creditors to extract what they were owed.

    The Facts

    In 2017, Matthew Green, son of established Mayfair art dealer Richard Green, committed fraud in obtaining loans from FundingSecure.

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Tax, Burges Salmon LLP
    Authors:
    Justin Briggs
    Location:
    United Kingdom
    Firm:
    Burges Salmon LLP
    Specific performance and receivers' liabilities
    2023-01-11

    On 28 October 2022, the High Court handed down judgment in the case of Alma Property Management Ltd v Crompton And Another [2022] EWHC 2671 (Ch).

    In this case, the (freeholder) Claimant sought an order for specific performance of the (leaseholder) Defendants' repairing obligations under a lease of the common parts of a block of flats called North Tower in Manchester.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Real Estate, Burges Salmon LLP, Leases, Insolvency, Insolvency Act 1986 (UK), High Court of Justice (England & Wales)
    Authors:
    Michael Duncan
    Location:
    United Kingdom
    Firm:
    Burges Salmon LLP

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