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    River Island and Poundland - a consolidated framework for the court’s exercise of cross class cram down discretion
    <br>
    2025-11-10

    The UK retail sector faces ongoing challenges from shifts in consumer behaviour and persistent economic pressures. In this light, Part 26A of the Companies Act 2006 has become a vital mechanism for struggling companies, enabling them to undertake a holistic restructuring, effectively using one process rather than combining the Part 26 scheme technology with the CVA as had been the case prior to the introduction of the restructuring plan.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Freshfields, Senior Managers and Certification Regime, Office of Foreign Assets Control (USA), Companies Act 2006 (UK)
    Authors:
    Katharina Crinson , Ken Baird , Diallo Williams
    Location:
    United Kingdom
    Firm:
    Freshfields
    Supreme Court of India lays down the criteria for identifying ‘speculative investors’ in the real estate sector, disentitles them from availing the provisions of Insolvency and Bankruptcy Code, 2016
    2025-11-10

    The Supreme Court of India (“Supreme Court”), in Mansi Brar Fernandes vs. Shubha Sharma and Anr. inter alia held that ‘speculative investors’ cannot be permitted to initiate Corporate Insolvency Resolution Process (“CIRP”) under the Insolvency and Bankruptcy Code, 2016 (“IBC”) and has laid down certain key principles and criteria for determining who a ‘speculative investor’ would be.

    Brief facts

    Filed under:
    India, Insolvency & Restructuring, Litigation, JSA, Insolvency and Bankruptcy Code (India), Supreme Court of India, National Company Law Tribunal
    Authors:
    Farhad Sorabjee , Pratik Pawar , Shanaya Cyrus Irani , Sanjana Pandey
    Location:
    India
    Firm:
    JSA
    Full Court confirms answer to limitation period question on voidable transactions
    2025-11-06

    Commissioner of Taxation v Runcity [2025] FCAFC 152 is the most recent decision arising from litigation involving disqualified liquidator, David Iannuzzi. In previous decisions, Mr Iannuzzi was found to have mismanaged the liquidation of 23 companies and was banned from practising as a liquidator for ten years. Eight of those companies (Companies) were deregistered between 2015 and 2016.

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Ironbridge Legal
    Authors:
    Blake Shaw
    Location:
    Australia
    Firm:
    Ironbridge Legal
    Private Client Briefing - Spring 2025
    2025-11-04

    Johnson v His Majesty's Attorney-General [2025] EWHC 1943

    The English High Court decision of Johnson v His Majesty's Attorney-General [2025] EWHC 1943 is the first time that an English court has sealed a non-royal will, contrary to the ancient tradition that wills are available to the public.

    Background

    Filed under:
    New Zealand, United Kingdom, Insolvency & Restructuring, Litigation, Russell McVeagh
    Authors:
    Nathaniel Walker , Priscilla Brown , Joanna Trezise , Greg Neill , Tim Clarke , Tony Sycamore
    Location:
    New Zealand, United Kingdom
    Firm:
    Russell McVeagh
    Acquisition of assets from a company declared bankrupt
    2025-11-03

    Executive Summary:

    Filed under:
    Mexico, Insolvency & Restructuring, Litigation, Santamarina y Steta SC, Due diligence, Insolvency
    Authors:
    Alejandro Escamilla
    Location:
    Mexico
    Firm:
    Santamarina y Steta SC
    Investor Directors: Is it worth the hassle?
    2025-11-03

    In UK venture deals, investors often negotiate the right to appoint a director to the company’s board (as a rule of thumb, an investor with 5% to 10% or more of the company might ask for board rights). On paper, it makes sense, giving a seat at the table, direct access to management, and visibility on key decisions. But before taking that seat, we often advise investors to ask themselves: is it worth the hassle?

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Bird & Bird, Companies Act 2006 (UK)
    Authors:
    Benjamin Simon
    Location:
    United Kingdom
    Firm:
    Bird & Bird
    Court of Appeal confirms a Luxembourg Sub-Fund is not an “unregistered company” capable of being wound up under the Insolvency Act 1986
    2025-11-03

    On 3 September 2025, the Court of Appeal handed down judgment in East Riding of Yorkshire Council v KMG SICAV-SIF-GB Strategic Land Fund [2025] EWCA Civ 1137, confirming that a “dedicated fund” of a Luxembourg specialised investment company was not an “unregistered company” within the meaning of section 220 of the Insolvency Act 1986 (the “Act”), and therefore could not be wound up by the court under section 221 of the Act.

    Filed under:
    Luxembourg, United Kingdom, Insolvency & Restructuring, Litigation, McDermott Will & Schulte LLP, Articles of association, Companies Act 2006 (UK)
    Authors:
    Jack Thorne , Harry Denlegh-Maxwell
    Location:
    Luxembourg, United Kingdom
    Firm:
    McDermott Will & Schulte LLP
    Court of Appeal confirms a Luxembourg Sub-Fund is not an “unregistered company” capable of being wound up under the Insolvency Act 1986
    2025-11-03

    On 3 September 2025, the Court of Appeal handed down judgment in East Riding of Yorkshire Council v KMG SICAV-SIF-GB Strategic Land Fund [2025] EWCA Civ 1137, confirming that a “dedicated fund” of a Luxembourg specialised investment company was not an “unregistered company” within the meaning of section 220 of the Insolvency Act 1986 (the “Act”), and therefore could not be wound up by the court under section 221 of the Act.

    Filed under:
    Luxembourg, United Kingdom, Insolvency & Restructuring, Litigation, McDermott Will & Schulte LLP, Articles of association, Companies Act 2006 (UK)
    Authors:
    Jack Thorne , Harry Denlegh-Maxwell
    Location:
    Luxembourg, United Kingdom
    Firm:
    McDermott Will & Schulte LLP
    Protecting Homebuyers in Real Estate Insolvency
    2025-11-03

    In a landmark judgment in the matter of Mansi Brar Fernandes vs Shubha Sharma and others delivered in September 2025, the Hon’ble Supreme Court of India reaffirmed the constitutional right to shelter as a fundamental right under Article 21 of the Indian Constitution.

    Filed under:
    India, Insolvency & Restructuring, Litigation, Real Estate, Dentons Link Legal, Insolvency, Insolvency and Bankruptcy Code (India)
    Authors:
    Ravi Charan Pentapati
    Location:
    India
    Firm:
    Dentons Link Legal
    Court of Appeal Clarifies Test for Removal of Judicial Managers
    2025-10-31

    Introduction

    In Singapore, judicial managers ("JMs") appointed over a company are empowered to conduct a range of acts relating to the company's business. However, JMs face removal if they fail to adhere to the legislative framework on judicial management. In Tay Lak Khoon v Tan Wei Cheong [2025] SGCA 41, the Singapore Court of Appeal ("CA") set out the applicable test for when a JM may be removed for cause. In particular, the CA considered whether a JM may be removed for a decision based on legal advice.

    Filed under:
    Singapore, Insolvency & Restructuring, Litigation, Rajah & Tann Asia
    Authors:
    Sheila Ng
    Location:
    Singapore
    Firm:
    Rajah & Tann Asia

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