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    Managing director of Alta Gas Plc ordered to pay £1 million for fraud
    2010-02-16

    The SFO has announced that managing director and shareholder of Alta Gas Plc, Peter Brian Bradley, has been ordered to pay £1 million compensation to victims following confiscation proceedings on 26 January 2010. In 2001, Alta Gas Plc went into administrative receivership which resulted in the receivers of the company discovering a sophisticated system of false accounts that enhanced the profitability of the company.

    Filed under:
    United Kingdom, Insolvency & Restructuring, White Collar Crime, Herbert Smith Freehills LLP, Shareholder, Fraud, Public limited company, Chief executive officer
    Authors:
    Graham More , Nichola Peters , Susannah Cogman
    Location:
    United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    Northern Rock restructuring to take effect January 1
    2009-12-08

    Today, the U.K. Treasury and Northern Rock plc separatelyannounced that the restructuring of Northern Rock will take place on January 1, 2010 (Transfer Date).

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Alston & Bird LLP, Retail, Debtor, Unsecured debt, Interest, Asset management, Swap (finance), Mortgage loan, Public limited company, Subordinated debt, European Commission, HM Treasury (UK), FSA
    Authors:
    Darren Cooper
    Location:
    United Kingdom
    Firm:
    Alston & Bird LLP
    FSA updates on Lehman-backed structured products
    2009-10-30

    FSA has announced a range of measures to help investors who got unsuitable advice or misleading materials relating to Lehman-backed structured products. It has found significant failings and the actions it is taking will apply to all structured products in future:  

    Filed under:
    United Kingdom, Insolvency & Restructuring, Securitization & Structured Finance, Dentons, Marketing, Public limited company, Lehman Brothers, FSA
    Authors:
    Robert Finney
    Location:
    United Kingdom
    Firm:
    Dentons
    Lloyds and RBS complete negotiations with HM Treasury on restructurings
    2009-11-03

    Today, HM Treasury announced the conclusion of discussions with Lloyds Banking Group (Lloyds) and Royal Bank of Scotland Plc (RBS), regarding their participation in the U.K.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Alston & Bird LLP, Share (finance), Shareholder, Option (finance), Due diligence, Balance sheet, Public limited company, Capital requirement, Tier 1 capital, HM Treasury (UK), The Royal Bank of Scotland, Lloyds Bank
    Authors:
    Darren Cooper
    Location:
    United Kingdom
    Firm:
    Alston & Bird LLP
    IP licences and insolvency - deprivation principle held to apply to provisions relating to the termination of an IP licence on insolvency
    2009-09-18

    In Butters and ors v BBC Worldwide Ltd and ors, decided on 20 August 2009, the Court held that contractual provisions in a joint venture agreement taken together with termination provisions in a licence of IP rights were void since the effect of those provisions on insolvency was to deprive creditors access to assets and therefore contrary to public policy in the light of insolvency laws.

    BUSINESS IMPACT

    Filed under:
    United Kingdom, Insolvency & Restructuring, Intellectual Property, Litigation, Herbert Smith Freehills LLP, Share (finance), Bankruptcy, Joint venture, Public limited company, Prejudice, Subsidiary
    Authors:
    Joel Smith , Laura Deacon
    Location:
    United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    Lehman Brothers International (Europe) (in administration) – update on client money issues
    2009-08-13

    On 1 May 2009, PricewaterhouseCoopers LLP (the "Administrators") submitted an Ordinary Application to the High Court, seeking directions concerning the obligations of Lehman Brothers International (Europe) (In Administration) ("LBIE"), in relation to the handling of client money received by it prior to entering into administration (the "Application"). A copy of the Application can be found here.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP, Public limited company, Lehman Brothers, FSA, Civil Procedure Rules (UK)
    Authors:
    Stephen Gale , Tim Parkes
    Location:
    United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    Mistaken release of security
    2008-11-05

    Facts

    In Andrew Fender (Administrator of FG Collier & Sons Limited) - v - National Westminster Bank Plc, a company went into administration. The administrator applied to the court to establish whether he had to treat NatWest bank as a secured or unsecured creditor of the company.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Litigation, Gowling WLG, Debt, Mortgage loan, Deed, Liability (financial accounting), Public limited company, Secured creditor, Capital punishment, Unsecured creditor, NatWest, UK Land Registry
    Location:
    United Kingdom
    Firm:
    Gowling WLG
    London Scottish Bank placed into administration
    2008-12-01

    Today, the U.K. Treasury announced that it “has taken decisive action to protect the interests of retail depositors and wider financial stability” by placing London Scottish Bank plc in administration.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Alston & Bird LLP, Retail, Public limited company, Financial Services Compensation Scheme, Chancellor of the Exchequer
    Location:
    United Kingdom
    Firm:
    Alston & Bird LLP
    Unless orders – disclosure of assets
    2007-09-04

    In Lexi Holdings plc v Luqman and others – Butterworths Law Direct 17.8.07 the claimant company (the company), by its joint administrators, commenced proceedings against the first Defendant and his family, including the fifth Defendant. The company successfully applied without notice for freezing orders against the fifth Defendant.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Reed Smith LLP, Discovery, Public limited company, Non-disclosure agreement, Common Gateway Interface, Court of Appeal of England & Wales, High Court of Justice (England & Wales)
    Location:
    United Kingdom
    Firm:
    Reed Smith LLP
    Proprietary estoppel and priority of payment
    2007-09-30

    The defendant supplied drink to the owner of a club, the cost of which was secured by a charge over the club premises. The owner wished to re-finance his debt to the defendant and took a remortgage with the claimant to be secured as a fist legal charge on both the club and the owner’s house. Part of the remortgage monies were paid to the defendant in partial satisfaction of the sums outstanding. Both the claimant and defendant were granted legal charges over the house.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Litigation, Gowling WLG, Debt, Mortgage loan, Estoppel, Public limited company, Refinancing, Court of Appeal of England & Wales
    Location:
    United Kingdom
    Firm:
    Gowling WLG

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