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    UK Court permits administrators to proceed with sale where low risk of sanctions breach
    2022-09-08

    The recent High Court decision in Re Petropavlovsk Plc [2022] EWHC 2097 (Ch) considers the interaction of UK insolvency procedure and the sanctions regime imposed on Russia. 

    Background 

    Administrators were appointed to the English holding company of Russian gold mining group, Petropavlovsk Plc, in July 2022. The holding company was not sanctioned but sanctions had affected its ability to refinance and to pay its debts as they fell due.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Trade & Customs, Taylor Wessing, Insolvency, Office of Financial Sanctions Implementation (UK)
    Authors:
    Louise Jennings , Kate Hamblin
    Location:
    United Kingdom
    Firm:
    Taylor Wessing
    Ontario Superior Court of Justice: word of caution regarding sealing orders
    2022-09-08

    In the receivership proceedings of Distinct Infrastructure Group Inc.

    Filed under:
    Canada, Ontario, Insolvency & Restructuring, Litigation, Borden Ladner Gervais LLP, Mediation, Insolvency, Receivership, Supreme Court of Canada, Ontario Superior Court of Justice
    Authors:
    Roger Jaipargas , Charlotte Chien
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP
    Start-ups and the test for over-indebtedness in Germany
    2022-09-08

    Following several insolvency cases of high-flying start-up companies, a helpful recent ruling by the Higher Regional Court of Düsseldorf (Oberlandesgericht Düsseldorf) has specified the requirements for going concern forecasts for start-up companies. 

    Background 

    Filed under:
    Germany, Insolvency & Restructuring, Taylor Wessing, Insolvency, Federal Court of Justice
    Authors:
    Niclas von Woedtke
    Location:
    Germany
    Firm:
    Taylor Wessing
    UK insolvencies increase as turbulent times lie ahead
    2022-09-08

    The UK insolvency statistics released on 2 August for Q2 2022 (1 April – 30 June 2022) make for fairly sombre, if not entirely unsurprising, reading.

    An 81% increase in corporate insolvencies in England and Wales from the same period in 2021 and a 13% increase in insolvencies from Q1 2022. The worst affected sectors are reported to include food, retail and construction.

    Filed under:
    United Kingdom, Energy & Natural Resources, Insolvency & Restructuring, Taylor Wessing, Supply chain, Insolvency
    Authors:
    Amy Patterson
    Location:
    United Kingdom
    Firm:
    Taylor Wessing
    CIGA Report March 2022: assessing the impact of the new insolvency provisions
    2022-09-08

    Key Points

    Filed under:
    United Kingdom, Insolvency & Restructuring, Stevens & Bolton LLP, Insolvency
    Authors:
    Tim Carter , Helen Martin
    Location:
    United Kingdom
    Firm:
    Stevens & Bolton LLP
    Regulations Expand Directors' Duties in Insolvency
    2022-09-08

    The EU (Preventative Restructuring) Regulations 2022 (the Regulations) were signed into law on 27 July 2022. The Regulations largely focus on the examinership regime in Ireland which is already very comprehensive. However, the Regulations also include amendments to the Companies Act 2014 (the Act) in certain areas including codifying the duty of directors to have regard to creditor’s interests when facing insolvency.

    Changes to the Act

    Filed under:
    Ireland, Insolvency & Restructuring, Beauchamps, Directors' duties, Insolvency
    Authors:
    Shaun O'Shea
    Location:
    Ireland
    Firm:
    Beauchamps
    Commission Confirms Ireland's Participation in Regulation Amending EIR Recast Annexes
    2022-09-08

    In a William Fry article published earlier this year, we discussed the Irish government's approval to opt-in to a regulation amending Annexes A and B to the European Insolvency Regulation 2015/848 (EIR Recast) regarding the recognition of insolvency processes recently introduced in other EU Member States.

    Filed under:
    European Union, Ireland, Insolvency & Restructuring, William Fry, Insolvency, European Commission
    Authors:
    Ruairi Rynn , Fergus Doorly , Craig Sowman , Gail Nohilly
    Location:
    European Union, Ireland
    Firm:
    William Fry
    Ergo Analysing Developments Impacting Business: Moratorium Prohibits Recovery Proceedings of Customs Duty Against Corporate Debtor: Supreme Court
    2022-09-06

    INTRODUCTION

    Filed under:
    India, Insolvency & Restructuring, Litigation, Khaitan & Co, Bankruptcy, Insolvency, Insolvency and Bankruptcy Code (India), Supreme Court of India
    Authors:
    Prateek Kumar , Rohit Ghosh
    Location:
    India
    Firm:
    Khaitan & Co
    Main new features that the reform of the Recast Insolvency Act has brought to the Spanish Restructuring and Insolvency rules
    2022-09-07

    The Act n 16/2022, dated September 5, on the reform of the Recast Insolvency Act, published on September 6, 2022, brings deep and major changes to the existing legislation.

    The amendment will come into force on September 26, 2022, twenty days after its publication, and affect both proceedings commencing after entry into force of the legislation and a few parts of proceedings that had commenced earlier.

    The differences between the original bill and the approved insolvency reform are shown in the compared version available here.

    Filed under:
    Spain, Insolvency & Restructuring, Litigation, Garrigues, Insolvency
    Location:
    Spain
    Firm:
    Garrigues
    Spanish Insolvency Reform
    2022-09-08

    Introduction

    Filed under:
    Spain, Insolvency & Restructuring, DLA Piper, Digital transformation, Insolvency
    Authors:
    Borja de Obeso , José María Gil-Robles , César Herrero , Karolina Lyczkowska
    Location:
    Spain
    Firm:
    DLA Piper

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