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    Cram-across: Sino-Ocean Restructuring Plan Makes Waves
    2025-02-13

    Cram-across: Sino-Ocean Restructuring Plan Makes Waves

    The evolution of the English RP continues to push the jurisdictional envelope.

    Filed under:
    Hong Kong, Insolvency & Restructuring, Latham & Watkins LLP
    Authors:
    Bruce Bell , Dominic Geiser , Howard K. H. Lam , Flora F. W. Innes , Tim Bennett
    Location:
    Hong Kong
    Firm:
    Latham & Watkins LLP
    Arbitration or Winding-Up? Privy Council Decision in Sian Participation Corp v. Halimeda Overrules Traditional English Approach
    2024-08-14

    The decision confirms that an arbitration agreement will be upheld in the face of insolvency proceedings only if it can be shown that the petition debt is genuinely disputed on substantial grounds.

    Filed under:
    United Kingdom, England & Wales, Arbitration & ADR, Insolvency & Restructuring, Litigation, Latham & Watkins LLP, Liquidation, Winding-up
    Authors:
    Martin Davies , Dominic Geiser , Oliver Middleton
    Location:
    United Kingdom
    Firm:
    Latham & Watkins LLP
    UK Jurisdiction Taskforce Concludes Digital Assets Compatible With English Insolvency Law
    2024-05-03

    The Legal Statement applies areas of insolvency law to digital assets, providing valuable guidance on the approach English courts will take.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, IT & Data Protection, Litigation, Latham & Watkins LLP, Cryptocurrency, Insolvency, Financial Conduct Authority (UK)
    Authors:
    Bruce Bell , Stuart Davis , Gabriel Lakeman , Jessica Walker , Tim Bennett
    Location:
    United Kingdom
    Firm:
    Latham & Watkins LLP
    Directors’ Duties Post-Sequana: More Light at the End of the Tunnel?
    2024-03-25

    The Supreme Court’s landmark decision in Sequana1leaves many unanswered questions, and finding a common thread between the four quite separate judgments has proved challenging for practitioners and directors alike. The recent decision in Hunt v.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Tax, Latham & Watkins LLP, HM Revenue and Customs (UK)
    Authors:
    Jessica Walker , Tim Bennett
    Location:
    United Kingdom
    Firm:
    Latham & Watkins LLP
    Adler: A Spanish Perspective
    2024-03-25

    The new Spanish Bankruptcy Law in September 2022 (TRLC)1 ushered in perhaps the most radical changes to the domestic restructuring market in any EU Member State that has so far implemented the EU Directive on Preventive Restructuring.2 For the first time, following satisfaction of certain conditions, the disenfranchisemen

    Filed under:
    European Union, Spain, Insolvency & Restructuring, Litigation, Latham & Watkins LLP
    Authors:
    Pedro de Rojas , Luis Sánchez , Bruce Bell , Tim Bennett
    Location:
    European Union, Spain
    Firm:
    Latham & Watkins LLP
    Pouring Oil on Troubled Waters? New UK Special Insolvency Regime Is Now on Tap
    2024-03-25

    The UK water industry is rarely out of the headlines, whether for operational performance issues or reports of perpetual financial distress. It may therefore be more than a coincidence that the UK government has chosen now to introduce new rules for the special administration regime (SAR) that applies to water companies.

    Filed under:
    United Kingdom, Energy & Natural Resources, Insolvency & Restructuring, Latham & Watkins LLP, Insolvency, House of Lords
    Authors:
    Bruce Bell , Tim Bennett
    Location:
    United Kingdom
    Firm:
    Latham & Watkins LLP
    Restructuring Plans and Tax Liabilities: A More Assertive HMRC
    2024-03-25

    Ever since unpaid taxes due to HMRC were “crammed down” pursuant to a restructuring plan that it voted against but did not actively oppose in Houst,1 HMRC has challenged restructuring plans and asserted its interests more aggressively, causing the failure of restructuring plans inNasmyth

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Public, Tax, Latham & Watkins LLP, HM Revenue and Customs (UK)
    Authors:
    Bruce Bell , Tom Davies
    Location:
    United Kingdom
    Firm:
    Latham & Watkins LLP
    Charging Ahead: Grappling With the Characterisation of Fixed and Floating Charges
    2024-07-25

    The key distinction between a fixed and a floating charge is well established as a matter of English law.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Tax, Latham & Watkins LLP, Financial Conduct Authority (UK), HM Revenue and Customs (UK)
    Authors:
    Bruce Bell , Jonathan Ifeanyichukwu Akinluyi
    Location:
    United Kingdom
    Firm:
    Latham & Watkins LLP
    Directors’ Duties and “Misfeasance Trading”: Lessons From BHS
    2024-07-25

    Actions brought against the BHS directors by the group’s liquidators have resulted in the largest reported award for wrongful trading since the provision’s introduction, but the judgment highlights some unsettled areas of the law relating to directors’ duties.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Latham & Watkins LLP, Companies Act 2006 (UK)
    Authors:
    Bruce Bell , Jessica Walker , Tim Bennett
    Location:
    United Kingdom
    Firm:
    Latham & Watkins LLP
    Restructuring Plans and the Price of Dissent
    2024-07-25

    Despite three recent landmark UK restructuring plan decisions, uncertainty remains around the value, if any, a plan company should offer dissenting creditors as the “deliverability price” of a plan.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Tax, Latham & Watkins LLP, Private equity, HM Revenue and Customs (UK), Companies Act 2006 (UK)
    Authors:
    Bruce Bell , Tim Bennett
    Location:
    United Kingdom
    Firm:
    Latham & Watkins LLP

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