Introduction
In a recent decision, the Employment Appeal Tribunal (EAT) provided useful clarification on how TUPE operates in insolvency scenarios when a provisional liquidator is appointed. The judgment confirms that the TUPE exception for terminal insolvency proceedings can apply earlier than some employers and buyers may expect, with the result that employee transfer protections may be disapplied before a winding-up order is made.
TUPE and insolvency
Before the US Supreme Court’s landmark decision in Purdue Pharma,1 it had become common practice for Chapter 11 debtors to include a consensual or nonconsensual non-debtor third-party release in their plans of reorganization.
An insolvency practitioner (IP) can pursue a wide range of claims when appointed as the administrator or liquidator of a company.
These include claims that already existed at the point that the company entered an insolvency process (Pre-existing Company Claims), and ones that arise on insolvency (IP Claims see below).
An IP pursues Pre-existing Company Claims as agent for and in the name of the company, and these types of claims typically include claims for debt, breach of contract, breach of duty or recovery of property.
1. Introducción
Can section 234 of the Insolvency Act 1986 serve as a fast-track route for administrators to secure vacant possession of property from trespassers? That was the question before the High Court in the recent case of Maher v Investalet Ltd [2025] EWHC 3133 (Ch).
The facts
Paul, Weiss, Rifkind, Wharton & Garrison LLP European Restructuring – 2025 in Review 5
Red Lobster Seafood Co., the beloved full-service dining seafood specialty restaurant operator, is staging a comeback just one year after emerging from Chapter 11 bankruptcy. The company has taken steps to restructure its operations and improve its financial performance. With new leadership and a bold turnaround plan, the company’s future looks promising again.
Headquartered in Orlando, Florida, Red Lobster has over 500 locations in the United States and Canada. The brand has become associated with fresh seafood, welcoming guest service, and affordable prices.