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    European leveraged loan restructurings: why the next downturn will be different
    2023-01-19

    Although the IMF recently announced at Davos that it would upgrade its global economic forecasts, with an improvement predicted in the later part of 2023 and into 2024, times remain difficult for many companies and their lenders – and are likely to remain so for a while yet.

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Tax, Hogan Lovells, Private equity, HM Revenue and Customs (UK), Corporate Insolvency and Governance Act 2020, National Security and Investment Act 2021 (UK)
    Authors:
    Tom Astle , Francis Booth , James Maltby , Margaret Kemp , Susan Whitehead
    Location:
    United Kingdom
    Firm:
    Hogan Lovells
    Corporate fatalities continue to rise over festive period
    2023-01-17

    While many businesses (particularly in the retail, leisure and hospitality industries) will have been hoping to capitalise on a busy festive period, sadly for many the busy period came too late as corporate insolvencies rose again in December. Overall, company insolvencies were 32% higher than December 2021, and 76% higher than in December 2019 (i.e.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Tax, Stevens & Bolton LLP, HM Revenue and Customs (UK)
    Authors:
    Lucy Trott
    Location:
    United Kingdom
    Firm:
    Stevens & Bolton LLP
    Consumer Trends 2023: Restructuring plans in 2023 as recession looms
    2023-01-12

    We explore the utility of restructuring plans for small to mid-sized companies in 2023 as Government pandemic support tails away whilst inflation and energy prices continue to soar.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Tax, DWF LLP, Supply chain, Insolvency, HM Revenue and Customs (UK), Corporate Insolvency and Governance Act 2020
    Authors:
    Natasha Atinkson
    Location:
    United Kingdom
    Firm:
    DWF LLP
    (UK) 2023: The Year of the Restructuring Plan?
    2023-01-09

    It is difficult to predict what 2023 might hold for businesses in the UK. Given the difficult economic environment, many will already be facing a challenging start to the year. Although the challenges of the pandemic (such as lock downs) have gone, others have materialised. Energy price hikes and inflation rises continue to make trading conditions tough.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Squire Patton Boggs, Liquidation, HM Revenue and Customs (UK)
    Authors:
    Rachael Markham , Charlotte Møller
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    Prezzo Investco Ltd
    2023-01-09

    The application before Richard Smith J in Re Prezzo Investco Ltd (Re Companies Act 2006) [2023] EWHC 1679 (Ch) was for sanction of a restructuring plan between the company and certain of its creditors under ss 901F and 901G of Part 26A Companies Act 2006.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Tax, Wedlake Bell, HM Revenue and Customs (UK), Companies Act 2006 (UK)
    Authors:
    Frances Coulson
    Location:
    United Kingdom
    Firm:
    Wedlake Bell
    How HMRC penetrate the corporate shield and hold Company Officers personally liable
    2023-01-05

    With HMRC more focused than ever before on recovering taxes due, we look at the most common ways in which HMRC can transfer the liability of taxes due and/or penalties to Company Officers and making them personally liable.

    The Government has promised to spend an additional £79 million over the next five years to help HMRC tackle tax fraud and address compliance risks amongst wealthy taxpayers. HMRC's efforts will be a threat to businesses affected in terms of costs and expenditure in time in dealing with HRMC.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Tax, White Collar Crime, DWF LLP, Insolvency, HM Revenue and Customs (UK)
    Location:
    United Kingdom
    Firm:
    DWF LLP
    Large award of damages and/or equitable compensation ordered against the perpetrators of a labour supply fraud (Umbrella Care Ltd v Nisa and ors)
    2022-12-21

    Dispute Resolution analysis: A large award of damages and/or equitable compensation has been made against the directors and connected companies of a company which was used to perpetrate a large scale labour supply fraud against HMRC.

    Umbrella Care Ltd v Nisa and ors [2022] EWHC 3139 (Ch)

    What are the practical implications of this case?

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Tax, Gatehouse Chambers, HM Revenue and Customs (UK)
    Authors:
    Phillip Patterson
    Location:
    United Kingdom
    Firm:
    Gatehouse Chambers
    Why liquidation isn’t the panacea to disputes with the VAT man
    2022-11-23

    Having experienced first-hand HMRC’s attempts to combat serious tax losses, one of the features of tax litigation over the last 15 years has been the prevalence of so-called ‘Kittel’ cases. These are cases in which HMRC seeks to deny repayments of VAT to companies buying goods in circumstances where HMRC has identified a fraud further up the supply chain, often many companies distant. They can involve significant amounts of VAT and form a substantial pillar of HMRC’s compliance strategy.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Tax, Keystone Law, Supply chain, HM Revenue and Customs (UK)
    Authors:
    Martin O’Neill
    Location:
    United Kingdom
    Firm:
    Keystone Law
    The Dekagram 14th November 2022
    2022-11-14

    As well as the Deka Legal Bake, last week witnessed the publication of the updated ASHE and a further judgment on the subject of jurisdiction, which seems to be a growth area in satellite litigation, perhaps unsurprisingly given the effect of Exit Day.

    Filed under:
    European Union, France, United Kingdom, Healthcare & Life Sciences, Insolvency & Restructuring, Litigation, Public, Tax, White Collar Crime, Deka Chambers, Mediation, Clinical negligence, HM Revenue and Customs (UK), Senior Courts Act 1981 (UK), Court of Justice of the European Union, UK Supreme Court, Court of Cassation (France)
    Authors:
    Gaurang Naik , Sarah Prager , Amelia Katz
    Location:
    European Union, France, United Kingdom
    Firm:
    Deka Chambers
    What impact would a UK downturn have on the workforce solutions sector?
    2022-10-25

    Eight lessons from previous recessions

    It does not take a professional economist to predict that a serious economic downturn is possible in the UK. Given that workforces will be impacted by this, many companies providing workforce support services are likely to be particularly affected.

    Filed under:
    United Kingdom, Company & Commercial, Employment & Labor, Insolvency & Restructuring, Tax, Osborne Clarke, Climate change, Supply chain, Due diligence, Digital transformation, HM Revenue and Customs (UK), LinkedIn, Criminal Finances Act 2017 (UK)
    Authors:
    Frances Lewis , Kevin Barrow , Shaziya Kurmani , Chris Benjamin
    Location:
    United Kingdom
    Firm:
    Osborne Clarke

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