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    UK finalises new pensions-related criminal and civil offences: the impact on restructurings
    2021-02-12

    The Pension Schemes Act 2021 (‘the Act’) has received Royal Assent, with the UK government indicating that key provisions will come into force by autumn 2021.

    The Act includes a number of provisions that will significantly impact restructuring activity involving financially distressed groups with a UK defined-benefit (DB) pension scheme.

    What will change under the Act?

    Below are some of the most significant changes being introduced by the Act.

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Public, Freshfields Bruckhaus Deringer LLP
    Authors:
    Katharina Crinson , Dawn Heath
    Location:
    United Kingdom
    Firm:
    Freshfields Bruckhaus Deringer LLP
    Codere's 2020 UK scheme of arrangement: a shot across the bow for bridge financing and fees
    2020-10-09

    On 6 September 2020, the England and Wales High Court approved the second scheme of arrangement proposed by Codere (an international gaming group) in a little over five years, following a fully contested convening hearing spread over three days.

    In the convening judgment ([2020] EWHC 2441 (Ch)), the Court concluded that the various fees payable to the members of an ad hoc committee of scheme creditors did not fracture the single class proposed by Codere.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Freshfields Bruckhaus Deringer LLP
    Authors:
    Adam Gallagher , Katharina Crinson , Adam Jones
    Location:
    United Kingdom
    Firm:
    Freshfields Bruckhaus Deringer LLP
    Supreme Court upholds adjudication for insolvent companies
    2020-06-23

    In the recent decision of Bresco Electrical Services Limited (in liquidation) v Michael J Lonsdale (Electrical) Limited, the Supreme Court has overturned the Court of Appeal in upholding the practicality of adjudication by insolvent companies.

    Filed under:
    United Kingdom, Construction, Insolvency & Restructuring, Litigation, Freshfields Bruckhaus Deringer LLP, Coronavirus
    Authors:
    Benjamin Guest
    Location:
    United Kingdom
    Firm:
    Freshfields Bruckhaus Deringer LLP
    Proposed German law for the mitigation of the consequences of the COVID-19 pandemic
    2020-03-21

    The German Federal Government is currently working on a Law for the Mitigation of the consequences of the COVID-19 pandemic in the areas of Insolvency, Corporate, Civil and Criminal Procedure Law. Ministry officials are working through the weekend with the goal to get the legislation finalized by both chambers of parliament as early as possible next week.

    Filed under:
    European Union, Germany, Arbitration & ADR, Company & Commercial, Insolvency & Restructuring, Freshfields Bruckhaus Deringer LLP, Coronavirus
    Location:
    European Union, Germany
    Firm:
    Freshfields Bruckhaus Deringer LLP
    Practical considerations for Insolvency Practitioners post-Carillion
    2018-08-30

    On 15 January 2018, the UK’s second largest contractor filed for compulsory liquidation.

    Shortly after, the Insolvency Service reported that there had been 2,668 insolvencies in the construction sector in the twelve months ended Q1 2018—more than any other sector.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Freshfields Bruckhaus Deringer LLP
    Location:
    United Kingdom
    Firm:
    Freshfields Bruckhaus Deringer LLP
    PPF entry: Problems for pension trustees after Olympic Airlines
    2016-05-26

    Summary

    Pension scheme trustees will generally be concerned to try to ensure that the “safety net” provided by the Pension Protection Fund (PPF) remains potentially available for their scheme.

    Filed under:
    European Union, United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Freshfields Bruckhaus Deringer LLP, Liquidation, Pension Protection Fund, Trustee
    Authors:
    Charles Magoffin , Dawn Heath , Andrew Murphy , David Pollard
    Location:
    European Union, United Kingdom
    Firm:
    Freshfields Bruckhaus Deringer LLP
    Rent as administration expense on a pay as you go basis – common sense restored
    2014-02-25

    Snapshot

    The Court of Appeal’s judgment in Jervis v Pillar Denton Limited (Game Station) [2014] EWCA Civ 180 on 24 February 2014 has brought welcome clarity to when rent qualifies as an administration expense.

    The Court of Appeal has ruled that:

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Real Estate, Freshfields Bruckhaus Deringer LLP, Unsecured creditor
    Authors:
    Katharina Crinson
    Location:
    United Kingdom
    Firm:
    Freshfields Bruckhaus Deringer LLP
    TPR withdraws from Great Lakes moral hazard proceedings
    2011-07-18

    The Pensions Regulator (TPR) has announced that it has withdrawn moral hazard proceedings against Chemtura Manufacturing UK Limited and its US parent, Chemtura Corporation. This follows an agreement being reached by Chemtura with the trustees of the Great Lakes UK Limited Pension Plan (the Plan) over its funding package.

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Freshfields Bruckhaus Deringer LLP, Bankruptcy, Liability (financial accounting), Pensions Act 2004 (UK), The Pensions Regulator, Trustee
    Location:
    United Kingdom
    Firm:
    Freshfields Bruckhaus Deringer LLP
    US bankruptcy judgment can be enforced by the English courts
    2010-08-03

    The Court of Appeal uses common law principles to allow direct enforcement.

    Filed under:
    United Kingdom, USA, Insolvency & Restructuring, Litigation, Freshfields Bruckhaus Deringer LLP, Bankruptcy, Common law, Court of Appeal of England & Wales
    Location:
    United Kingdom, USA
    Firm:
    Freshfields Bruckhaus Deringer LLP
    Lehman Brothers bar date order
    2009-07-20

    Summary

    This briefing summarizes the recent U.S. Bankruptcy Court order establishing bar dates for creditors filing claims in relation to debts owed to them by Lehman Brothers entities in Chapter 11 bankruptcy proceedings. Specifically, this briefing discusses who must file a proof of claim, how to file the proof of claim, and the special requirements for claims in respect of derivative contracts, guarantees and Lehman program securities.

    Filed under:
    USA, Insolvency & Restructuring, Freshfields Bruckhaus Deringer LLP, Bond (finance), Bankruptcy, Shareholder, Debtor, Security (finance), Option (finance), Debt, Liability (financial accounting), Warrant (finance), Title 11 of the US Code, Lehman Brothers, United States bankruptcy court
    Location:
    USA
    Firm:
    Freshfields Bruckhaus Deringer LLP

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