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    Unsecured "credit bid" for assets of a company in special administration
    2023-03-15

    Summary

    Filed under:
    United Kingdom, Banking, Company & Commercial, Insolvency & Restructuring, Litigation, Mayer Brown, Sanctions, Financial Conduct Authority (UK), High Court of Justice (England & Wales)
    Authors:
    Trevor Borthwick , Alexandra Wood
    Location:
    United Kingdom
    Firm:
    Mayer Brown
    Company Voluntary Arrangement (CVA) successfully challenged on grounds of material irregularity and unfair prejudice
    2023-03-07

    Summary

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Mayer Brown, Company voluntary arrangement, Insolvency Act 1986 (UK), High Court of Justice (England & Wales)
    Authors:
    Amy Jacks , Nicola Hughes
    Location:
    United Kingdom
    Firm:
    Mayer Brown
    Specific performance and receivers' liabilities
    2023-01-11

    On 28 October 2022, the High Court handed down judgment in the case of Alma Property Management Ltd v Crompton And Another [2022] EWHC 2671 (Ch).

    In this case, the (freeholder) Claimant sought an order for specific performance of the (leaseholder) Defendants' repairing obligations under a lease of the common parts of a block of flats called North Tower in Manchester.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Real Estate, Burges Salmon LLP, Leases, Insolvency, Insolvency Act 1986 (UK), High Court of Justice (England & Wales)
    Authors:
    Michael Duncan
    Location:
    United Kingdom
    Firm:
    Burges Salmon LLP
    A1 Moratorium: High Court provides guidance on operation of new moratorium under Part A1 of the Insolvency Act 1986
    2022-02-18

    It has taken over 20 months, but we now have a reported decision from the High Court in England on the operation of the new moratorium provisions introduced by the Corporate Insolvency and Governance Act 2020. Sir Alastair Norris, sitting as a High Court judge, has rejected a creditor's attempt to bring a moratorium to an end following a monitors' decision not to terminate the moratorium.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Brodies LLP, Insolvency Act 1986 (UK), Corporate Insolvency and Governance Act 2020, High Court of Justice (England & Wales)
    Authors:
    Lucy McCann , Andrew Scott
    Location:
    United Kingdom
    Firm:
    Brodies LLP
    PSV 1982 Limited v Langdon: A Warning for Directors in Breach of Section 216 Insolvency Act 1986
    2021-11-10

    Subject to exceptions, a director of a company that enters into liquidation is restricted from being involved in the management of a new or existing company (SecondCo) with the same or a sufficiently similar name to that of the liquidating company (section 216 Insolvency Act 1986 (IA 1986)). If in breach of s.216, a director will have personal liability for all the relevant debts SecondCo incurred during the period of the breach under s.217 IA 1986.

    Filed under:
    United Kingdom, England & Wales, Company & Commercial, Insolvency & Restructuring, Litigation, Charles Russell Speechlys, Liquidation, Insolvency Act 1986 (UK), High Court judge (England and Wales), High Court of Justice (England & Wales)
    Authors:
    Georgina Bernard
    Location:
    United Kingdom
    Firm:
    Charles Russell Speechlys
    Corporate Law Update
    2021-10-22

    In this week’s update: Funds in a holding company’s bank account belonged to a subsidiary and could be used to pay the costs of a subsidiary’s acquisition, the FCA publishes a series of Q&A on the cessation of LIBOR and the Government publishes a roadmap towards greening finance and sustainable investing.

    Filed under:
    United Kingdom, Banking, Corporate Finance/M&A, Insolvency & Restructuring, Litigation, Macfarlanes LLP, Libor, Climate change, Financial Conduct Authority (UK), High Court judge (England and Wales), High Court of Justice (England & Wales)
    Authors:
    Robert Boyle , Dominic Sedghi
    Location:
    United Kingdom
    Firm:
    Macfarlanes LLP
    Caffè Nero CVA challenge dismissed
    2021-10-11

    On 29 September 2021 the High Court dismissed a challenge to Caffè Nero’s 2020 CVA brought by one of its landlords, Ronald Young. Young asserted that the CVA was unfairly prejudicial and subject to material irregularities (thereby engaging both grounds of challenge under s.6 of the Insolvency Act 1986), and that the CVA nominees and company directors had breached their duties by failing to adjourn or postpone voting on the CVA upon receipt of a late-in-the-day offer for the Caffè Nero group.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, A&O Shearman, Company voluntary arrangement, Insolvency Act 1986 (UK), High Court judge (England and Wales), High Court of Justice (England & Wales)
    Authors:
    Tom McKay , Alexander Wood
    Location:
    United Kingdom
    Firm:
    A&O Shearman
    Learning from Mistakes: Imposing Constructive Trusts over Mistaken Payments
    2023-02-02

    This article first appeared in Volume 20, Issue 1 of International Corporate Rescue and is reprinted with the permission of Chase Cambria Publishing - www.chasecambria.com.

    Synopsis

    Filed under:
    Cayman Islands, United Kingdom, Insolvency & Restructuring, Litigation, Walkers, Liquidation, Cayman Islands Monetary Authority, High Court of Justice (England & Wales)
    Authors:
    Rupert Bell , Daisy Boulter , Rebecca Moseley
    Location:
    Cayman Islands, United Kingdom
    Firm:
    Walkers
    Fraud Unravels All?
    2020-05-07

    The High Court identifies the test for rescinding a director’s disqualification undertaking on the basis of fraud

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Kingsley Napley, High Court of Justice (England & Wales)
    Authors:
    Richard Clayman
    Location:
    United Kingdom
    Firm:
    Kingsley Napley
    Sovereign debt update - March/April 2015
    2015-03-31

    The long-running dispute over the payment of Argentina's sovereign debt, on which the South American nation defaulted for the second time in July 2014, continues to be particularly active.

    Filed under:
    Argentina, Capital Markets, Insolvency & Restructuring, Litigation, Jones Day, Injunction, High Court of Justice (England & Wales)
    Authors:
    Mark G. Douglas
    Location:
    Argentina
    Firm:
    Jones Day

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