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    Are gift card holders receiving better treatment in situations of insolvency? - A US vs UK comparison
    2015-12-21

    According to the UK Gift Card & Voucher Association, in 2014 the gift card and voucher market was worth £5.4 billion in the UK and $124 billion in the US. 

    Gift cards can confer numerous benefits on the retailer, including promotion, working capital and additional profit from up-spend, and are popular with consumers as a method of paying for goods and services in advance of receiving them. 

    Filed under:
    United Kingdom, USA, Company & Commercial, Insolvency & Restructuring, DLA Piper, Retail, Unsecured creditor
    Authors:
    Robert Russell
    Location:
    United Kingdom, USA
    Firm:
    DLA Piper
    Insolvency in the Oil and Gas Industry - Survival Tips
    2015-12-21

    As we have recently highlighted and discussed in depth elsewhere in relation to the UKCS (click here), the confidence of North Sea oil & gas contractors is at an all-time low.

    Filed under:
    United Kingdom, Company & Commercial, Energy & Natural Resources, Insolvency & Restructuring, Womble Bond Dickinson (UK) LLP
    Authors:
    Joanne Rumley , Tom Pringle , Tim Pritchard , Quentin Robinson
    Location:
    United Kingdom
    Firm:
    Womble Bond Dickinson (UK) LLP
    Flix Innovations Ltd v HMRC: EIS conditions strictly applied
    2016-01-05

    The Enterprise Investment Scheme (EIS) can provide very significant tax relief for investors in unlisted companies but a recent case in the First Tier Tribunal (“FTT”) shows how strictly the rules of the Scheme are interpreted.

    One of the many conditions of EIS relief is that the shares issued to the investor must not have any preferential right to a company’s assets on a winding up. The requirement is included so that an investor cannot obtain the tax advantages of EIS relief while being shielded from the economic risk of the investment.

    The facts

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Tax, Burges Salmon LLP
    Location:
    United Kingdom
    Firm:
    Burges Salmon LLP
    City Link and collective redundancies: the criminal lawyer’s perspective
    2015-11-20

    I am often asked “what do you do”? If I reply “a regulatory solicitor”, this inevitably elicits a blank expression from the enquirer (be that a non-lawyer or lawyer), so I go on to the more long-winded version, that I am a criminal solicitor who advises business owners and other stakeholders on how to stay on the right side of the criminal law, and defends them when they get it wrong.

    Filed under:
    United Kingdom, Company & Commercial, Crime, Employment & Labor, Insolvency & Restructuring, Paris Smith LLP, Solicitor
    Authors:
    Sarah Wheadon
    Location:
    United Kingdom
    Firm:
    Paris Smith LLP
    Revised changes to SIP 16
    2015-11-24

    In our June seminars we discussed the Pre-Pack Pool and the proposed changes to SIP 16. The revision was recommended by Teresa Graham as part of her independent review into pre-packs in June 2014, and the new SIP 16 was introduced on 2 November 2015 to coincide with the launch of the Pre-Pack Pool.

    Key provisions of the revised SIP 16, which remains virtually unchanged from the draft issued in January this year, include:

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Ashfords LLP
    Authors:
    David Pomeroy , Bethany Parr
    Location:
    United Kingdom
    Firm:
    Ashfords LLP
    Statutory demands: who bears the costs?
    2015-11-25

    This article considers the cost consequences following service of a statutory demand in two scenarios:

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, 9 Stone Buildings
    Location:
    United Kingdom
    Firm:
    9 Stone Buildings
    Power and others v Hodges and Others [2015] EWHC 2983 (Ch)
    2015-11-16

    The High Court has recently considered whether directors were in breach of their duties after a company entered insolvency. Specifically, the Court considered whether it could exercise its discretion in accordance with section 212 of the Insolvency Act 1986, whereby the Court can order summary judgment against an officer of the company who has misapplied, retained or become accountable for money or property of the company, or been guilty of any misfeasance or breach of fiduciary or other duty in relation to the company.

    The Claim

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Rosling King LLP, Insolvency Act 1986 (UK)
    Authors:
    Georgina Squire
    Location:
    United Kingdom
    Firm:
    Rosling King LLP
    City link verdict is … not guilty!
    2015-11-18

    The directors of the failed courier company City Link had a good reason to celebrate this weekend after the dismissal of criminal charges brought against them for failing to notify the Department for Business, Innovation and Skills (“BIS”) of their intention to make City Link’s circa 2,500 employees redundant last Christmas.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Squire Patton Boggs
    Authors:
    Caroline Castle
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    Registrar certificates and dissolved chargors
    2015-11-19

    There have been a couple of cases in the last few months where the impact of changes to the details of the various registers at Companies House has been considered by a Court. This article considers the points of interest for lenders that arise out of those decisions

    What use is an LP registration certificate?

    Not much in the case of a certificate that relates to a limited partnership (one to which the Limited Partnership Act 1907 applies not the limited liability partnership variety).

    Filed under:
    United Kingdom, Banking, Company & Commercial, Insolvency & Restructuring, Litigation, Taylor Wessing, Limited partnership, Companies House
    Authors:
    Brian Cain
    Location:
    United Kingdom
    Firm:
    Taylor Wessing
    Turkeys come home to roost for City Link directors after Christmas redundancies
    2015-10-23

    Three former directors of failed UK parcel delivery company City Link have recently been delivered the bad news that they will face criminal charges over redundancies made during the Christmas period last year.  They have been charged with failure to notify the Secretary of State of the proposed redundancy of City Link’s employees as required under section 193 of the Trade Union and Labour Relations (Consolidation) Act 1992.  Notification is normally given to the Government by submitting an HR1 form to the Insolvency Service

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Squire Patton Boggs
    Authors:
    Matt Ford
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs

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