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    (UK) Timing, disclosure and fairness: lessons from the Adler judgment
    2024-01-30

    On 23 January 2024, the Court of Appeal handed down its much anticipated judgment[1] on the appeal of the Adler restructuring plan pursuant to Part 26A of the Companies Act 2006 (“RP”), which was sanctioned by the High Court on 12 April 2023

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Companies Act 2006 (UK)
    Authors:
    Rebecca Terrace , Charlotte Møller
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    Part 26A Restructuring Plans - Sanction Hearing Timetabling Considerations
    2024-01-16

    The judgment handed down in the matter of CB&I UK Ltd suggests that the English Courts will not expedite or truncate sanction hearing timetables to accommodate requests from companies which have applied for a restructuring plan under Part 26A of the Companies Act 2006 (“Restructuring Plan”) unless there are good reasons for doing so.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Companies Act 2006 (UK)
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    Adler: English Court of Appeal Overturns Restructuring Plan
    2024-02-06

    In Short

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Jones Day, Companies Act 2006 (UK)
    Authors:
    Heather Lennox , Corinne Ball , David Harding , Ben Larkin , Dan T. Moss
    Location:
    United Kingdom
    Firm:
    Jones Day
    Recognition of restructuring proceedings - perspectives from both sides of the pond
    2023-11-21

    Key takeaways

    Filed under:
    Global, United Kingdom, USA, Insolvency & Restructuring, Litigation, Reed Smith LLP, Companies Act 2006 (UK)
    Authors:
    Kathleen Garrett
    Location:
    Global, United Kingdom, USA
    Firm:
    Reed Smith LLP
    The Prezzo restructuring plan Court exercises discretion to cram down HMRC debt; confirms no requirement for company to provide consideration to "out of the money" plan creditors
    2023-07-19

    Summary

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Mayer Brown, HM Revenue and Customs (UK), Companies Act 2006 (UK)
    Authors:
    Devi Shah , Alexandra Wood
    Location:
    United Kingdom
    Firm:
    Mayer Brown
    Carillion director disqualification proceedings - Insolvency Service drops proceedings against non-executive directors in so-called “test case”
    2023-10-20

    On the eve of trial, the Insolvency Service (IS), acting on behalf of the Secretary of State for Business and Trade, has discontinued disqualification proceedings brought in January 2021 against five former non-executive directors (NEDs) of Carillion plc. The trial, which had been listed for around 13 weeks (and originally as long as 6 months) had been due to start on Monday 16 October 2023.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP, Corporate governance, Companies Act 2006 (UK), Financial Conduct Authority (UK), Insolvency Service (UK)
    Authors:
    John Whiteoak , Natasha Johnson , Richard Mendoza , Peter Thompson
    Location:
    United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    The Prezzo restructuring plan Court exercises discretion to cram down HMRC debt; confirms no requirement for company to provide consideration to "out of the money" plan creditors
    2023-07-19

    Summary

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Mayer Brown, Companies Act 2006 (UK), HM Revenue and Customs (UK)
    Authors:
    Devi Shah , Alexandra Wood
    Location:
    United Kingdom
    Firm:
    Mayer Brown
    No criminal liability for administrator for failure to make statutory redundancy notification
    2023-11-03

    The Supreme Court has handed down a judgment which will be greeted with a collective sigh of relief from the insolvency world. In R (on the application of Palmer) v Northern Derbyshire Magistrates Court [2023] UKSC 38, the Supreme Court ruled that an administrator of a company is not an “officer” of that company.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Freshfields Bruckhaus Deringer, Companies Act 2006 (UK), Supreme Court of the United States, UK Supreme Court
    Authors:
    Katharina Crinson
    Location:
    United Kingdom
    Firm:
    Freshfields Bruckhaus Deringer
    The Prezzo restructuring plan Court exercises discretion to cram down HMRC debt; confirms no requirement for company to provide consideration to "out of the money" plan creditors
    2023-07-19

    Summary

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Mayer Brown, Companies Act 2006 (UK), HM Revenue and Customs (UK)
    Authors:
    Devi Shah , Alexandra Wood
    Location:
    United Kingdom
    Firm:
    Mayer Brown
    Cineworld: Restructuring goes to Hollywood
    2023-10-18

    Following its acquisition of the Regal cinema chain in the US in 2018, Cineworld, with its English-incorporated parent company, London premium listing and status as a household name in the UK cinema industry, became a truly transatlantic business. Add that to its businesses in Central and Eastern Europe and Israel, and Cineworld is one of the largest cinema chains in the world, operating in 10 countries with 672 sites and 8,181 screens.

    Filed under:
    United Kingdom, USA, Insolvency & Restructuring, Litigation, Companies Act 2006 (UK), Chapter 11, US Bankruptcy Code
    Location:
    United Kingdom, USA

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