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    Keeping directors in suspense: Wrongful trading under the UK Corporate Governance and Insolvency Act 2020
    2021-06-11

    The suspension of wrongful trading under the Corporate Governance and Insolvency Act 2020 was introduced to allow directors to trade during the pandemic without the unwanted distraction of potential liability. This article considers whether that objective is likely to be achieved in circumstances where there has been no modification to the common law rules governing duties owed to creditors, and in light of the Court’s power to award compensation in disqualification proceedings.

    Introduction

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Serle Court, Corporate governance, Coronavirus, HM Revenue and Customs (UK)
    Authors:
    Lance Ashworth KC , David Drake , Matthew Morrison
    Location:
    United Kingdom
    Firm:
    Serle Court
    PI: Accountants
    2023-02-03

    Scope of Duty

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Tax, White Collar Crime, Browne Jacobson LLP, Blockchain, Supply chain, Anti-money laundering, Insolvency, HM Revenue and Customs (UK), UK Supreme Court
    Authors:
    Marlene Henderson
    Location:
    United Kingdom
    Firm:
    Browne Jacobson LLP
    COVID-19 Government Intervention Schemes
    2021-06-01

    COVID-19

    Government Intervention Schemes

    Current as of 21 May 2021

    Government Intervention Schemes

    COVID-19 Government Intervention Schemes 2

    Countries around the globe are facing unprecedented and rapid change due to the COVID-19 pandemic. This guide provides a summary of key government interventions around the globe in relation to: EU State Aid Approvals (for EMEA region), foreign investment restrictions, debt, equity and taxation.

    Filed under:
    Canada, China, European Union, Hungary, United Kingdom, USA, Agriculture, Banking, Capital Markets, Corporate Finance/M&A, Employment & Labor, Energy & Natural Resources, Environment & Climate Change, Insolvency & Restructuring, Litigation, Media & Entertainment, Tax, Baker McKenzie, Libor, Private equity, Venture capital, Supply chain, Telemedicine, Cloud computing, Fourth Amendment, State aid, Artificial intelligence, Digital transformation, Digital economy, Euribor, Force majeure, Agribusiness, Merger control, Cybersecurity, Coronavirus, Personal protective equipment, Paycheck Protection Program, US Securities and Exchange Commission, European Commission, HM Revenue and Customs (UK), Small Business Administration (USA), Committee on Foreign Investment in the United States, European Free Trade Association, Bank of England, Leahy-Smith America Invents Act 2011 (USA), Families First Coronavirus Response Act 2020 (USA), CARES Act 2020 (USA)
    Location:
    Canada, China, European Union, Hungary, United Kingdom, USA
    Firm:
    Baker McKenzie
    Corporate and commercial disputes update - May 2021
    2021-05-27

    In this issue:

    Welcome to our corporate and commercial disputes update, a new bi-annual publication in which we summarise some of the most significant cases over the last six months or so in the corporate and commercial dispute resolution market:

     

    Filed under:
    European Union, United Kingdom, Arbitration & ADR, Company & Commercial, Corporate Finance/M&A, Employment & Labor, Insolvency & Restructuring, Litigation, Tax, Stephenson Harwood LLP, Bribery, Mediation, HM Revenue and Customs (UK), CJEU, House of Lords, Shell, Unilever, UK Supreme Court
    Location:
    European Union, United Kingdom
    Firm:
    Stephenson Harwood LLP
    Planning a way out of lockdown - the UK’s new restructuring procedure and its applicability to the mid-market
    2021-05-24

    Three weeks spent entirely at home seemed daunting at the time (little did we know…) and the prospect of wholesale business closures soon gave rise to serious concerns about the potential impact which those closures would have on the wider economy.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Tax, Macfarlanes LLP, Coronavirus, HM Revenue and Customs (UK)
    Authors:
    Paul Keddie , Jatinder Bains , Simon Beale
    Location:
    United Kingdom
    Firm:
    Macfarlanes LLP
    When The Tide Goes Out Get ready for a post-pandemic surge in the UK
    2021-05-13

    Few things go together as naturally as fraud and insolvency. The pattern is now well rehearsed: scams pile up unnoticed while money flows in the good times, but when recession hits, increased scrutiny from lenders, counterparties and the tax man – not to mention insolvency practitioners – means fraud is far more likely to be discovered.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Tax, White Collar Crime, HFW, Coronavirus, HM Revenue and Customs (UK), Serious Fraud Office (UK)
    Authors:
    Rick Brown , Simon Jerrum
    Location:
    United Kingdom
    Firm:
    HFW
    Impact of COVID-19 on Insolvency Laws:
    2021-05-06

    squirepattonboggs.com 014-5095-0428/15/EUROPE Impact of COVID-19 on Insolvency Laws: How Countries Are Revamping Their Insolvency and Restructuring Laws to Combat COVID-19 26 April 2021 squirepattonboggs.com squirepattonboggs.com Contents Around the globe, our lawyers are receiving a large number of enquiries about mitigating the impact of the coronavirus disease 2019 (COVID-19) on companies' business operations and finances. Governments in several countries have reacted quickly to try to mitigate COVID-19's impact by changing or amending their insolvency laws.

    Filed under:
    Global, Banking, Insolvency & Restructuring, Tax, Squire Patton Boggs, Due diligence, State aid, Coronavirus, Commercial tenant, Paycheck Protection Program, HM Revenue and Customs (UK), Small Business Administration (USA), Corporations Act 2001 (Australia), CARES Act 2020 (USA)
    Location:
    Global
    Firm:
    Squire Patton Boggs
    How will Covid-19 impact D&O claims?
    2021-05-04

    The economic uncertainty for companies caused by the Covid-19 pandemic has placed a heavy burden on directors. That burden of responsibility is set to become even heavier as the temporary measures introduced in 2020 to support companies during the pandemic come to an end. Small and medium sized enterprises (“SMEs”) and those businesses operating in the travel, hospitality, leisure and manufacturing industries have been impacted in particular.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Insurance, Litigation, White Collar Crime, DAC Beachcroft, Coronavirus, HM Revenue and Customs (UK)
    Authors:
    Marcus Campbell , Graham Briggs , Louise Craske
    Location:
    United Kingdom
    Firm:
    DAC Beachcroft
    Insolvency Team - Recent Insolvency Case Update
    2021-04-21

    These case summaries first appeared in LexisNexis’ Insolvency Case Alerter. They represent some of the more interesting insolvency decisions to have been published recently.

    This summary covers:

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Tax, Gatehouse Chambers, Coronavirus, HM Revenue and Customs (UK)
    Authors:
    Alaric Watson , Lauren Godfrey , David Peachey , Aileen McErlean , Rob Hammond
    Location:
    United Kingdom
    Firm:
    Gatehouse Chambers
    Court Winds Up Company Based on Disputed APNs: HMRC v Ozcal Limited [2020] EWHC 3771 (Ch)
    2021-04-01

    In 2014, Accelerated Payment Notices (“APNs”) were introduced by the Government under the Finance Act 2014, allowing HMRC to request upfront payments on account of disputed tax and/or National Insurance contributions relating to certain tax avoidance schemes.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Tax, JMW Solicitors, HM Revenue and Customs (UK)
    Authors:
    Philippa Lai
    Location:
    United Kingdom
    Firm:
    JMW Solicitors

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