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    IET’s new revision 7 of the Model Form of Contract (MF/1): What has changed?
    2024-07-19

    10 years after the publication of Revision 6 (2014 edition) of the Model Form of Contract for the design, supply and installation of electrical, electronic and mechanical plant (MF/1), the Institution of Engineering and Technology (IET) has released Revision 7 (2024 edition), shortly followed by an erratum containing a summary of corrections.

    Regular users of the MF/1 may be comforted to know that the risk profile of the contract has not changed though the door has been opened to extending the duration of liability for latent defects, as discussed below.

    Filed under:
    United Kingdom, Company & Commercial, Construction, Employment & Labor, Insolvency & Restructuring, Charles Russell Speechlys, Modern slavery, Force majeure, Bribery Act 2010 (UK), Modern Slavery Act 2015 (UK), Companies Act 2006 (UK), Corporate Insolvency and Governance Act 2020
    Authors:
    Melanie Tomlin , Joseph Bearman
    Location:
    United Kingdom
    Firm:
    Charles Russell Speechlys
    Restructuring Plans and the Price of Dissent
    2024-07-25

    Despite three recent landmark UK restructuring plan decisions, uncertainty remains around the value, if any, a plan company should offer dissenting creditors as the “deliverability price” of a plan.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Tax, Latham & Watkins LLP, Private equity, HM Revenue and Customs (UK), Companies Act 2006 (UK)
    Authors:
    Bruce Bell , Tim Bennett
    Location:
    United Kingdom
    Firm:
    Latham & Watkins LLP
    Directors’ Duties and “Misfeasance Trading”: Lessons From BHS
    2024-07-25

    Actions brought against the BHS directors by the group’s liquidators have resulted in the largest reported award for wrongful trading since the provision’s introduction, but the judgment highlights some unsettled areas of the law relating to directors’ duties.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Latham & Watkins LLP, Companies Act 2006 (UK)
    Authors:
    Bruce Bell , Jessica Walker , Tim Bennett
    Location:
    United Kingdom
    Firm:
    Latham & Watkins LLP
    English Courts Introduce Novel Concept of ‘Trading Misfeasance’
    2024-06-20

    On 11 June 2024, Mr. Justice Leech handed down a landmark UK judgment relating to wrongful trading and misfeasance against the former directors of the BHS Group of companies (BHS) pursuant to the Insolvency Act 1986 (IA86).

    The 533-page judgment saw one of the largest reported wrongful trading awards since the introduction of IA86, as well as a novel claim for “misfeasant trading.”

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Greenberg Traurig LLP, Companies Act 2006 (UK), UK Supreme Court
    Authors:
    John Houghton , Rupert Cheetham , Nazmul Miah
    Location:
    United Kingdom
    Firm:
    Greenberg Traurig LLP
    A first of many? PFI company seeks Restructuring Plan
    2024-06-25

    A first in the UK – a restructuring plan under Part 26A to the Companies Act 2006 (Restructuring Plan) has been proposed by a project company in a private finance initiative (PFI) project after a convening hearing was held in the High Court in late May.

    The Restructuring Plan seeks to compromise both current and future liabilities arising from a PFI project agreement with an NHS Trust. The hearing to sanction the plan will now be held in July.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Browne Jacobson LLP, HM Revenue and Customs (UK), Companies Act 2006 (UK)
    Authors:
    Chloe Poskitt , Joe Price
    Location:
    United Kingdom
    Firm:
    Browne Jacobson LLP
    BHS - Wrongful and misfeasant trading - what directors need to know
    2024-06-24

    In this alert, we consider the implications from the recent High Court judgment finding two former directors of BHS liable for various heads of wrongdoing, including wrongful trading and "misfeasant trading".

    What Directors need to know

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, A&O Shearman, Companies Act 2006 (UK), High Court of Justice (England & Wales)
    Authors:
    Nick Charlwood , Joel Ferguson , Katrina Buckley
    Location:
    United Kingdom
    Firm:
    A&O Shearman
    Wrongful trading and trading misfeasance: Insights from the BHS decision
    2024-06-28

    The High Court has found the former directors of collapsed retail chain BHS liable for wrongful trading, misfeasant trading and individual acts of misfeasance.

    Although overall quantum is yet to be decided, this has been widely reported as the largest wrongful trading award the courts have made since the introduction of the Insolvency Act 1986.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, TLT LLP, Companies Act 2006 (UK)
    Authors:
    Tessa Durham
    Location:
    United Kingdom
    Firm:
    TLT LLP
    Directors’ duties - Court makes substantial wrongful trading and misfeasance award against former directors
    2024-06-28

    Seven years after the British Home Stores Group Limited, a well known high street retailer, and its operating subsidiaries entered liquidation, the High Court has found two former directors liable for wrongful trading and misfeasance.

    Background

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP, Companies Act 2006 (UK), Insolvency Act 1986 (UK)
    Authors:
    Sarah Hawes , Shaun Lee , James Palmer
    Location:
    United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    Corporate Law Update: 22 - 28 June 2024
    2024-07-01

    This week:

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Macfarlanes LLP, Companies Act 2006 (UK)
    Authors:
    Richard Burrows , Dominic Sedghi
    Location:
    United Kingdom
    Firm:
    Macfarlanes LLP
    BHS directors liable for wrongful trading and misfeasance - implications for directors and D&O insurers
    2024-07-01

    Overview

    Filed under:
    United Kingdom, Insolvency & Restructuring, Insurance, Litigation, DAC Beachcroft, Companies Act 2006 (UK)
    Authors:
    Declan Finn , Sarah Davies
    Location:
    United Kingdom
    Firm:
    DAC Beachcroft

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