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    Crown preference and the prescribed part: A concern for secured creditors
    2020-03-16

    In last week's Government budget, the Chancellor of the Exchequer confirmed that Crown preference would return but that this would be delayed to 1 December 2020. We previously wrote about Crown preference in November 2018 when the Government first suggested its return. That post, which is available here, is a handy summary of what Crown preference is and its impact on secured creditors.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Tax, Macfarlanes LLP, Budget, Secured creditor, Unsecured creditor, HM Revenue and Customs (UK), Chancellor of the Exchequer
    Location:
    United Kingdom
    Firm:
    Macfarlanes LLP
    Chancellor proposes special insolvency procedures for investment firms holding client assets or money
    2008-11-26

    In his Pre-Budget Report delivered on 24 November 2008, UK Chancellor of the Exchequer Alistair Darling announced the Government’s intention to introduce special insolvency procedures for investment firms holding client assets or client money.  

    The procedures will be introduced by secondary legislation under the Banking Bill (which was introduced into Parliament in October 2008) following a government sponsored review by an expert liaison group.  

    The review, to be concluded by summer 2009, will consider, inter alia:  

    Filed under:
    United Kingdom, Banking, Capital Markets, Insolvency & Restructuring, Schulte Roth & Zabel LLP, Collateral (finance), Autumn Statement, Hedge funds, Investment banking, Holding company, Investment company, Lehman Brothers cases, Brokerage firm, Lehman Brothers, Chancellor of the Exchequer
    Location:
    United Kingdom
    Firm:
    Schulte Roth & Zabel LLP
    London Scottish Bank placed into administration
    2008-12-01

    Today, the U.K. Treasury announced that it “has taken decisive action to protect the interests of retail depositors and wider financial stability” by placing London Scottish Bank plc in administration.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Alston & Bird LLP, Retail, Public limited company, Financial Services Compensation Scheme, Chancellor of the Exchequer
    Location:
    United Kingdom
    Firm:
    Alston & Bird LLP
    HMRC, Insolvency and Post-Budget Preferential Status
    2018-10-31

    Following the Enterprise Act 2002, the preferential status which HMRC had enjoyed in an insolvency was abolished, rendering HMRC the same as any other unsecured creditor. The effect of this was to swell the pot of assets available to be applied to all unsecured creditor claims.

    Philip Hammond announced in Monday’s budget that HMRC’s preferential status is to be restored. What does this mean for HMRC and unsecured creditors?

    The Budget provided that:

    Filed under:
    United Kingdom, Insolvency & Restructuring, Tax, Squire Patton Boggs, EU VAT, HM Revenue and Customs (UK), Enterprise Act 2002 (UK), Chancellor of the Exchequer
    Authors:
    Rachael Markham
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    Budget prefers the taxman over secured creditors?
    2018-11-01

    Amid all the usual politics of the Government’s Budget this week, one seemingly low-key change might be of considerable interest to lenders and insolvency practitioners. The Chancellor announced that from 6 April 2020 HMRC will once again benefit from a Crown preference.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Tax, Macfarlanes LLP, HM Revenue and Customs (UK), Enterprise Act 2002 (UK), Chancellor of the Exchequer
    Authors:
    Jatinder Bains
    Location:
    United Kingdom
    Firm:
    Macfarlanes LLP
    Pensions through a crystal ball
    2018-10-31

    The benefit of hindsight is a wonderful thing. The benefits of a fully functional crystal ball to see the future would be much better. All pensions lawyers (and scheme actuaries) would add it to their gift list!

    I will attempt to take a look at the pensions related announcements in Monday’s budget from a future (perhaps optimistic) vantage point.

    So here we are, nearing the end of 2023…

    1. Dashboards

    Filed under:
    United Kingdom, Corporate Finance/M&A, Employee Benefits & Pensions, Insolvency & Restructuring, Squire Patton Boggs, Financial Conduct Authority (UK), National Health Service (UK), HM Revenue and Customs (UK), Department for Work and Pensions (UK), Chancellor of the Exchequer
    Authors:
    Matthew Giles
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    Challenger banks: risks and rewards for new entrants
    2016-09-14

    This article was first published on the Practical Law website and in the PLC Magazine in June 2016.

    Challenger banks, which are set up to compete with the larger traditional banks, have seen rapid growth in the wake of increased openness to change in the banking sector and a desire for more consumer choice. Their clever targeting of niche markets is opening up plenty of scope for growth. While this opportunity does not come without difficulties, the rewards for challenger banks that succeed can be considerable.

    Filed under:
    United Kingdom, Banking, Competition & Antitrust, Insolvency & Restructuring, Public, White Collar Crime, Gowling WLG, Regulatory compliance, Prudential Regulatory Authority (UK), Capital requirement, Financial Conduct Authority (UK), London Stock Exchange, Basel III, Consumer Credit Act 1974 (UK), Insolvency Act 1986 (UK), Banking Act 2009 (UK), Chancellor of the Exchequer
    Authors:
    Kam Dhillon , Richard Ellis
    Location:
    United Kingdom
    Firm:
    Gowling WLG
    HMRC, Insolvency and Post-Budget Preferential Status
    2018-10-31

    Following the Enterprise Act 2002, the preferential status which HMRC had enjoyed in an insolvency was abolished, rendering HMRC the same as any other unsecured creditor. The effect of this was to swell the pot of assets available to be applied to all unsecured creditor claims.

    Philip Hammond announced in Monday’s budget that HMRC’s preferential status is to be restored. What does this mean for HMRC and unsecured creditors?

    The Budget provided that:

    Filed under:
    United Kingdom, Insolvency & Restructuring, Tax, Squire Patton Boggs, Enterprise Act 2002 (UK), HM Revenue and Customs (UK), Chancellor of the Exchequer
    Authors:
    Rachael Markham
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    Pensions through a crystal ball
    2018-10-31

    The benefit of hindsight is a wonderful thing. The benefits of a fully functional crystal ball to see the future would be much better. All pensions lawyers (and scheme actuaries) would add it to their gift list!

    I will attempt to take a look at the pensions related announcements in Monday’s budget from a future (perhaps optimistic) vantage point.

    So here we are, nearing the end of 2023…

    1. Dashboards

    Filed under:
    United Kingdom, Corporate Finance/M&A, Employee Benefits & Pensions, Insolvency & Restructuring, Squire Patton Boggs, NHS, Financial Conduct Authority (UK), HM Revenue and Customs (UK), DWP, Chancellor of the Exchequer
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    Challenger banks: risks and rewards for new entrants
    2016-09-14

    This article was first published on the Practical Law website and in the PLC Magazine in June 2016.

    Challenger banks, which are set up to compete with the larger traditional banks, have seen rapid growth in the wake of increased openness to change in the banking sector and a desire for more consumer choice. Their clever targeting of niche markets is opening up plenty of scope for growth. While this opportunity does not come without difficulties, the rewards for challenger banks that succeed can be considerable.

    Filed under:
    United Kingdom, Banking, Competition & Antitrust, Insolvency & Restructuring, Public, White Collar Crime, Gowling WLG, Regulatory compliance, Capital requirement, Basel III, Consumer Credit Act 1974 (UK), Insolvency Act 1986 (UK), Banking Act 2009 (UK), Financial Conduct Authority (UK), UK Prudential Regulatory Authority, Chancellor of the Exchequer
    Location:
    United Kingdom
    Firm:
    Gowling WLG

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