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    Court considers effect of liquidation stay on regulatory action by the Financial Conduct Authority
    2020-11-18

    The English Court has, for the first time, handed down judgment on whether the liquidation stay prevents the Financial Conduct Authority (the "FCA") from issuing a Warning Notice under sections 92 and 126 of the Financial Services and Markets Act 2000 ("FSMA") without first seeking leave from the Court.

    Filed under:
    United Kingdom, Banking, Capital Markets, Insolvency & Restructuring, Litigation, Tax, White Collar Crime, CMS Cameron McKenna Nabarro Olswang LLP, Financial Conduct Authority (UK), HM Revenue and Customs (UK), International Chamber of Commerce, Carillion
    Authors:
    Kushal Gandhi
    Location:
    United Kingdom
    Firm:
    CMS Cameron McKenna Nabarro Olswang LLP
    COVID-19: Tax and liquidity measures announced by the UK Government
    2020-03-24

    Correct as of 16.00 on 24 March 2020. This article is being maintained.

    The global COVID-19 outbreak is presenting businesses with unprecedented challenges. In the last two weeks the UK Government has announced a raft of COVID-19 liquidity and tax assistance measures for businesses and individuals.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Tax, CMS Cameron McKenna Nabarro Olswang LLP, Coronavirus, HM Revenue and Customs (UK)
    Location:
    United Kingdom
    Firm:
    CMS Cameron McKenna Nabarro Olswang LLP
    Fortune favours the...Crown
    2018-11-16

    The Chancellor announced in his budget that the Crown is to be re-instated as a preferential creditor in insolvency, reversing the changes brought in by The Enterprise Act 2002.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Public, Tax, CMS Cameron McKenna Nabarro Olswang LLP, Budget, Debt, Economy, Good faith, Balance sheet, HM Revenue and Customs (UK)
    Authors:
    Siân Aitken
    Location:
    United Kingdom
    Firm:
    CMS Cameron McKenna Nabarro Olswang LLP
    Disputes Digest - April 2017
    2017-04-18

    Issue 6 | April 2017 Disputes Digest 2 | Disputes Digest Corporate counsel’s guide to the key cases of 2016 (litigation) Corporate counsel’s guide to the key cases of 2016 (arbitration) Singapore targets effi ciency in investment arbitration proceedings Does the MasterCard class action mark the dawn of a new era in UK litigation?

    Filed under:
    European Union, Global, Hong Kong, Singapore, United Kingdom, Arbitration & ADR, Banking, Healthcare & Life Sciences, Insolvency & Restructuring, IT & Data Protection, Litigation, Tax, Trade & Customs, White Collar Crime, CMS Cameron McKenna Nabarro Olswang LLP, HM Revenue and Customs (UK), Court of Appeal of England & Wales
    Location:
    European Union, Global, Hong Kong, Singapore, United Kingdom
    Firm:
    CMS Cameron McKenna Nabarro Olswang LLP
    Tax in debt restructuring
    2013-06-12

    The uncertainty continues. Over the past few years, the published guidance from HMRC has given rise to doubts as to the tax treatment of debt-for-equity swaps. Whether the current legislation has supported HMRC’s position is debatable but it now appears that HMRC would like to have the legislation amended to more closely reflect its views.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Tax, CMS Cameron McKenna Nabarro Olswang LLP, Debt, HM Revenue and Customs (UK)
    Authors:
    Emma Riddle
    Location:
    United Kingdom
    Firm:
    CMS Cameron McKenna Nabarro Olswang LLP
    Her Majesty's Revenue and Customs v Robert James Leslie Stayton
    2018-12-21

    Despite the debtor's contention that his primary residence was in the United States, the Court held that it had jurisdiction to make a Bankruptcy Order following a petition presented by HMRC.

    HMRC presented a bankruptcy petition against Robert Stayton on 30 May 2014 who owed approximately £653,640. The matter came before the court on a number of occasions before the final hearing, with judgment being handed down in November 2018.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Tax, Ashfords LLP, HM Revenue and Customs (UK)
    Authors:
    Olivia Bridger , Alan Bennett
    Location:
    United Kingdom
    Firm:
    Ashfords LLP
    Ariel v Halabi and HMRC [2018] JRC006A
    2018-05-02

    The Jersey Court exercised their discretion and consented to vary the terms of Recognition and Consent Orders to allow a Trustee in Bankruptcy to comply with an Information Notice served by HMRC in relation to the Bankrupt's tax affairs.

    Filed under:
    Jersey, United Kingdom, Insolvency & Restructuring, Litigation, Tax, Ashfords LLP, HM Revenue and Customs (UK)
    Authors:
    Olivia Bridger , Alan Bennett
    Location:
    Jersey, United Kingdom
    Firm:
    Ashfords LLP
    Ball (liquidator of PV Solar Solutions Ltd) and another -v- Hughes and another [2017] EWHC 3228 (Ch)
    2018-02-16

    The Facts

    PV Solar Solutions Ltd (the "Company") supplied and installed solar panels. When the government reduced preferential tariffs, the Company's profits were affected and it entered Administration in May 2013. The Company subsequently entered into voluntary Liquidation in November 2014.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Ashfords LLP, Companies Act 2006 (UK), HM Revenue and Customs (UK), High Court of Justice
    Authors:
    Cathryn Kozlowski , Connor Pierce
    Location:
    United Kingdom
    Firm:
    Ashfords LLP
    European Real Estate Finance: Market Update - Q1 2021
    2021-03-25

    European Real Estate Finance: Market Update – Q1 2021 March 2021 Authors: Jeffrey Rubinoff, Dr. Thomas Flatten, Thierry Bosly, Hadrien Servais, Carl Hugo Parment, Fernando Navarro, Christophe Goossens, Julio Peralta, Angel Calleja, Aurélie Terlinden, Alexandra Stolt, Amitaben Patel & Brendon Vyas Further information on the response to COVID-19 can be found here, and we also have a German-language article, available here, looking at the impact on commercial leases. LIBOR Discontinuation Much has happened in the world of LIBOR Discontinuation since our last update.

    Filed under:
    Belgium, European Union, Germany, Luxembourg, Spain, Sweden, United Kingdom, Banking, Capital Markets, Company & Commercial, Insolvency & Restructuring, Litigation, Public, Real Estate, Tax, White & Case LLP, Brexit, Libor, Private equity, Euribor, Force majeure, Coronavirus, Commercial tenant, EU-UK Trade and Cooperation Agreement, HM Revenue and Customs (UK)
    Location:
    Belgium, European Union, Germany, Luxembourg, Spain, Sweden, United Kingdom
    Firm:
    White & Case LLP
    COVID-19: UK Government Financial Assistance Measures
    2020-04-19

    On 20 March 2020, the Chancellor of the Exchequer announced the UK Government would be launching multiple financial support schemes. The schemes are designed to provide financial assistance to British businesses affected by the COVID-19 pandemic and associated lockdown. Financial schemes will be supplemented by further measures aimed at supporting business continuity, including a job retention scheme and temporarily relaxing the UK’s insolvency regime.

    COVID-19 Corporate Financing Facility (“CCFF”)

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Tax, White & Case LLP, Coronavirus, Commercial tenant, HM Revenue and Customs (UK)
    Location:
    United Kingdom
    Firm:
    White & Case LLP

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