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    “Wait and see” period coming to an end - comprehensive restructurings are on the way
    2022-10-04

    In the years since its independence, Ukraine's public and private sectors have faced one crisis after another. Notwithstanding different factors causing distress and incomparable peculiarities of each, restructuring has always remained one of the key mechanisms to make it through these difficult periods and get back on track. This includes the current crisis due to Russia’s invasion of Ukraine. Even in the present unprecedent environment, inaction is not a solution.

    Filed under:
    Ukraine, Banking, Insolvency & Restructuring, CMS Cameron McKenna Nabarro Olswang LLP
    Authors:
    Kateryna Chechulina
    Location:
    Ukraine
    Firm:
    CMS Cameron McKenna Nabarro Olswang LLP
    Uncertain future for rates mitigation schemes following Supreme Court judgment in Rossendale
    2021-05-17

    Hurstwood Properties (A) Ltd and others (Respondents) v Rossendale Borough Council and another (Appellants)

    The Supreme Court has delivered its keenly anticipated judgment in a case concerning the validity of two business rates mitigation schemes. The schemes under scrutiny involved property owners letting unoccupied properties to special purpose vehicles (“SPVs”) which benefitted from a business rates exemption and therefore allowed both the property owners and the SPVs to avoid liability for business rates.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Real Estate, CMS Cameron McKenna Nabarro Olswang LLP
    Authors:
    Marcus Barclay , Ashley Damiral , Will Charnock
    Location:
    United Kingdom
    Firm:
    CMS Cameron McKenna Nabarro Olswang LLP
    Changes made to Hungary's insolvency code
    2020-07-13

    On 1 August 2020, amendments to Act XLIX of 1991 (the Insolvency Code) are scheduled to come into force, which have been designed to promote the cooperation between debtors and creditors in bankruptcies and allow for the use of electronic communications in insolvency procedures.

    The key changes contained in the amendments include the following:

    Pre-emption right for the Hungarian state

    Filed under:
    Hungary, Insolvency & Restructuring, CMS Cameron McKenna Nabarro Olswang LLP
    Authors:
    Erika Papp , Szabina Soptei
    Location:
    Hungary
    Firm:
    CMS Cameron McKenna Nabarro Olswang LLP
    Electronic signing in finance transactions
    2020-04-20

    1.Why use an electronic signature?

    2.What is e-signing?

    3.Is e-signing valid?

    4.What types of document can be signed electronically?

    5. Are there any restrictions/protocols relating to electronic signatures?

    6. What is the position with overseas entities?

    7. E-signing with a secure platform

    8. E-signing without a secure platform

    1. Why use an electronic signature?

    Filed under:
    United Kingdom, England & Wales, Banking, Company & Commercial, Insolvency & Restructuring, Real Estate, CMS Cameron McKenna Nabarro Olswang LLP, Coronavirus
    Authors:
    Marianne Mudd
    Location:
    United Kingdom
    Firm:
    CMS Cameron McKenna Nabarro Olswang LLP
    The High Court has delivered clear guidance on the “do”s and “don’t”s of CVAs
    2019-09-19

    The CVA challenge

    The landlords’ claim against the Debenhams CVA was put forward on five grounds:

    1. Future rent is not a “debt” and so the landlords are not creditors, such that the CVA cannot bind them

    REJECTED: The definition of “debt” is broad enough to include pecuniary contingent liabilities, such as future rent.

    2. A CVA cannot operate to reduce rent payable under leases: it is automatically unfairly prejudicial

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Real Estate, CMS Cameron McKenna Nabarro Olswang LLP
    Authors:
    Julie Gattegno , Marcus Barclay
    Location:
    United Kingdom
    Firm:
    CMS Cameron McKenna Nabarro Olswang LLP
    Liquidators must disclose the identity of third-party funders to facilitate an application for security for costs, but only to a confidentiality club
    2018-01-16

    In Hellas Telecommunications (Luxembourg) [2017] EWHC 3465 (Ch), the High Court ordered respondent liquidators to disclose the identity of third-party litigation funders and the terms on which funding was provided in order to facilitate an application for security of costs.

    Facts

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, CMS Cameron McKenna Nabarro Olswang LLP, High Court of Justice
    Location:
    United Kingdom
    Firm:
    CMS Cameron McKenna Nabarro Olswang LLP
    LIG Insurance SA deemed bankrupt by the Romanian insurance authority
    2017-01-25

    On 27 December 2016, the Board of the Romanian Financial Supervisory Authority (“FSA”) analysed the status of the insurance and reinsurance undertaking LIG Insurance SA, ultimately, commencing bankruptcy procedures against LIG Insurance SA and withdrawing its license to carry on insurance and reinsurance activity (FSA Decision 2347/2016).

    According to the FSA, on 31 October 2016 the company had: (i) negative own capital of RON 56.2 million; and (ii) a liquidity ratio of 0.44, resulting in concern over its capacity to cover its due obligations using own funds.

    Filed under:
    Romania, Insolvency & Restructuring, Insurance, CMS Cameron McKenna Nabarro Olswang LLP
    Location:
    Romania
    Firm:
    CMS Cameron McKenna Nabarro Olswang LLP
    Government consults on new PPF entry rules
    2015-11-26

    Introduction:

    The Government has launched a new consultation on a number of technical and regulatory changes affecting pensions legislation. One of the proposed changes is to amend the entry rules in relation to the Pension Protection Fund (PPF). The consultation follows on from the recent Supreme Court decision in Olympic Airlines and the introduction of specific legislation to ensure the beneficiaries of that particular scheme received protection in circumstances where the entry rules otherwise excluded them.

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, CMS Cameron McKenna Nabarro Olswang LLP, Pension Protection Fund, Pensions Act 2004 (UK)
    Authors:
    Rita Lowe , Mark Atkinson , Helen Coverdale
    Location:
    United Kingdom
    Firm:
    CMS Cameron McKenna Nabarro Olswang LLP
    Claims against directors: illegality defence and attribution of directors' knowledge to company
    2015-04-24

    The Supreme Court has held that, where a company had been the victim of wrong-doing by its directors, the directors’ wrong-doing could not be attributed to the company to prevent it (or its liquidators) from bringing claims against the directors. 

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, CMS Cameron McKenna Nabarro Olswang LLP, Shareholder, SCOTUS
    Authors:
    Simon Garrett , Chris Bradshaw , Graeme MacLeod , Maxine Cupitt
    Location:
    United Kingdom
    Firm:
    CMS Cameron McKenna Nabarro Olswang LLP
    Limited recourse or bust?
    2013-11-18

    The legal effect of “limited recourse” arrangements have been thrown into fresh doubt by a first instance decision of the respected Mr Justice David Richards in the case of Arm Asset Backed Securities S.A. [2013] EWHC 3351.

    This decision is relevant to the following common financing arrangements.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, CMS Cameron McKenna Nabarro Olswang LLP, Debtor, Security (finance), Liability (financial accounting), Liquidation
    Authors:
    Emma Riddle
    Location:
    United Kingdom
    Firm:
    CMS Cameron McKenna Nabarro Olswang LLP

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