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    Cross-border insolvency - centre of main interests
    2022-12-15

    In East-West Logistics LLP v Melars Group Ltd [2022] EWCA Civ 1419 the Court of Appeal once again considered the test for establishing the location of a debtor's centre of main interests (COMI) for the purposes of the Recast Regulation on Insolvency Proceedings 2015/848. The case was a second appeal considering whether to uphold the dismissal of a winding up order on the grounds that the debtor's COMI was not in the United Kingdom.

    Filed under:
    European Union, United Kingdom, Arbitration & ADR, Insolvency & Restructuring, Litigation, Public, Mayer Brown, London Court of International Arbitration
    Authors:
    Ben Ward
    Location:
    European Union, Malta, United Kingdom
    Firm:
    Mayer Brown
    The UK's new restructuring plan
    2021-04-21

    Background to the Restructuring Plan

    The UK has introduced the Restructuring Plan; a new, flexible court supervised restructuring tool. The Restructuring Plan draws upon features of the existing Companies Act 2006 scheme of arrangement procedure (which remains available) but includes features which are new to the UK but similar to those under U.S. Chapter 11 bankruptcy proceedings.

    Filed under:
    European Union, United Kingdom, Insolvency & Restructuring, Litigation, Public, RPC, Brexit, Coronavirus
    Authors:
    Paul Bagon , Tim Moynihan , Kate Watson
    Location:
    European Union, United Kingdom
    Firm:
    RPC
    What does today's Sequana decision mean for directors?
    2022-10-05

    Background

    On 5 October 2022, the Supreme Court handed down its long-awaited judgment in BTI 2014 LLC v. Sequana S.A. [2022] UKSC 25 concerning the trigger point at which directors must have regard to the interests of creditors pursuant to s.172(3) of the Companies Act 2006 (the "creditors' interests duty").

    Filed under:
    European Union, United Kingdom, Insolvency & Restructuring, Litigation, Public, Dentons, Brexit, Supply chain, Coronavirus, Insolvency, UK Supreme Court
    Authors:
    Tessa Blank , Neil Griffiths , Luci Mitchell-Fry , Ian Fox , Celia Hayward , Richard Pallot-Cook
    Location:
    European Union, United Kingdom
    Firm:
    Dentons
    The UK's new restructuring plan
    2021-04-21

    Background to the Restructuring Plan

    The UK has introduced the Restructuring Plan; a new, flexible court supervised restructuring tool. The Restructuring Plan draws upon features of the existing Companies Act 2006 scheme of arrangement procedure (which remains available) but includes features which are new to the UK but similar to those under U.S. Chapter 11 bankruptcy proceedings.

    Filed under:
    European Union, United Kingdom, Insolvency & Restructuring, Litigation, Public, RPC, Brexit, Coronavirus
    Authors:
    Paul Bagon , Tim Moynihan , Kate Watson
    Location:
    European Union, United Kingdom
    Firm:
    RPC
    What does today's Sequana decision mean for directors?
    2022-10-05

    Background

    On 5 October 2022, the Supreme Court handed down its long-awaited judgment in BTI 2014 LLC v. Sequana S.A. [2022] UKSC 25 concerning the trigger point at which directors must have regard to the interests of creditors pursuant to s.172(3) of the Companies Act 2006 (the "creditors' interests duty").

    Filed under:
    European Union, United Kingdom, Insolvency & Restructuring, Litigation, Public, Dentons, Brexit, Supply chain, Coronavirus, Insolvency, UK Supreme Court
    Authors:
    Tessa Blank , Neil Griffiths , Luci Mitchell-Fry , Ian Fox , Celia Hayward , Richard Pallot-Cook
    Location:
    European Union, United Kingdom
    Firm:
    Dentons
    The UK's new restructuring plan
    2021-04-21

    Background to the Restructuring Plan

    The UK has introduced the Restructuring Plan; a new, flexible court supervised restructuring tool. The Restructuring Plan draws upon features of the existing Companies Act 2006 scheme of arrangement procedure (which remains available) but includes features which are new to the UK but similar to those under U.S. Chapter 11 bankruptcy proceedings.

    Filed under:
    European Union, United Kingdom, Insolvency & Restructuring, Litigation, Public, RPC, Brexit, Coronavirus
    Authors:
    Paul Bagon , Tim Moynihan , Kate Watson
    Location:
    European Union, United Kingdom
    Firm:
    RPC
    What does today's Sequana decision mean for directors?
    2022-10-05

    Background

    On 5 October 2022, the Supreme Court handed down its long-awaited judgment in BTI 2014 LLC v. Sequana S.A. [2022] UKSC 25 concerning the trigger point at which directors must have regard to the interests of creditors pursuant to s.172(3) of the Companies Act 2006 (the "creditors' interests duty").

    Filed under:
    European Union, United Kingdom, Insolvency & Restructuring, Litigation, Public, Dentons, Brexit, Supply chain, Coronavirus, Insolvency, UK Supreme Court
    Authors:
    Tessa Blank , Neil Griffiths , Luci Mitchell-Fry , Ian Fox , Celia Hayward , Richard Pallot-Cook
    Location:
    European Union, United Kingdom
    Firm:
    Dentons
    The UK's new restructuring plan
    2021-04-21

    Background to the Restructuring Plan

    The UK has introduced the Restructuring Plan; a new, flexible court supervised restructuring tool. The Restructuring Plan draws upon features of the existing Companies Act 2006 scheme of arrangement procedure (which remains available) but includes features which are new to the UK but similar to those under U.S. Chapter 11 bankruptcy proceedings.

    Filed under:
    European Union, United Kingdom, Insolvency & Restructuring, Litigation, Public, RPC, Brexit, Coronavirus
    Authors:
    Paul Bagon , Tim Moynihan , Kate Watson
    Location:
    European Union, United Kingdom
    Firm:
    RPC
    What does today's Sequana decision mean for directors?
    2022-10-05

    Background

    On 5 October 2022, the Supreme Court handed down its long-awaited judgment in BTI 2014 LLC v. Sequana S.A. [2022] UKSC 25 concerning the trigger point at which directors must have regard to the interests of creditors pursuant to s.172(3) of the Companies Act 2006 (the "creditors' interests duty").

    Filed under:
    European Union, United Kingdom, Insolvency & Restructuring, Litigation, Public, Dentons, Brexit, Supply chain, Coronavirus, Insolvency, UK Supreme Court
    Authors:
    Tessa Blank , Neil Griffiths , Luci Mitchell-Fry , Ian Fox , Celia Hayward , Richard Pallot-Cook
    Location:
    European Union, United Kingdom
    Firm:
    Dentons
    The UK's new restructuring plan
    2021-04-21

    Background to the Restructuring Plan

    The UK has introduced the Restructuring Plan; a new, flexible court supervised restructuring tool. The Restructuring Plan draws upon features of the existing Companies Act 2006 scheme of arrangement procedure (which remains available) but includes features which are new to the UK but similar to those under U.S. Chapter 11 bankruptcy proceedings.

    Filed under:
    European Union, United Kingdom, Insolvency & Restructuring, Litigation, Public, RPC, Brexit, Coronavirus
    Authors:
    Paul Bagon , Tim Moynihan , Kate Watson
    Location:
    European Union, United Kingdom
    Firm:
    RPC

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