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    Shining a light (Bulb) on energy supply company failure, SoLRs and special administration
    2021-11-23

    As has been widely reported, the recent energy price volatility (coupled with the price cap limiting suppliers’ ability to pass increased costs on to consumers) has caused a number of energy supply company failures. Yesterday saw the announcement of the collapse of Bulb, one of the UK’s largest energy suppliers, with it being due to be placed into special administration very shortly.

    This is the first energy special administration we’ve seen. So how are the insolvency rules different for energy companies? What is a special administration, and why is this the first one?

    Filed under:
    United Kingdom, Company & Commercial, Energy & Natural Resources, Insolvency & Restructuring, Squire Patton Boggs
    Authors:
    Emily Davis
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    Directors’ Duties and Related Matters, in the Context of COVID-19
    2021-07-02

    This note summarises the duties that directors of companies incorporated in England and Wales are subject to

    This note summarises the duties that directors of companies incorporated in England and Wales are subject to.

    This note explains those duties, and matters that directors should consider in relation to them, in the context of the COVID-19 pandemic.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Squire Patton Boggs, Unfair dismissal, Coronavirus, HM Revenue and Customs (UK)
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    Pre-pack Sales to Connected Parties: The New Evaluator Process Considerations for Administrators and Purchasers
    2021-04-06

    From 30 April 2021, an administrator will be unable to complete a sale of a substantial part of a company's property to a connected person within the first eight weeks of the administration without either:

    • The approval of creditors
    • An independent written opinion (positive or negative)

    This alert considers the impact of the new regulations in practice, which apply to both pre-packs and post-packs that take place within eight weeks of an administrator's appointment.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Squire Patton Boggs
    Authors:
    John Alderton , Russell Hill , Devinder Singh , Mark Prior
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    Does a failure to give notice to a prior QFCH invalidate UK administrator appointments?
    2021-02-16

    The case of Re NMUL Realisations Limited (in administration) [2021] EWHC 94 (Ch) follows in the footsteps of the case of Re Tokenhouse VB Limited [2020] EWHC 3171 (Ch),where the Court considered whether a charge-holder’s failure to give notice of their intention to appoint administrators invalidates the appointment (see our previous blog here).

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Due diligence
    Authors:
    Jon Chesman
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    Further Uncertainty for UK Commercial Landlords as Extension to Prohibition on Forfeiture is Announced
    2020-12-10

    The UK Government has announced that the temporary prohibition on forfeiture will be extended when the current prohibition comes to an end at the end of the year. The restriction, that prevents commercial landlords from forfeiting a lease for non-payment, will now be in place until 31 March 2021.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Real Estate, Squire Patton Boggs, Commercial tenant
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    Impact of COVID-19 on Insolvency Laws: How Countries Are Revamping Their Insolvency and Restructuring Laws to Combat COVID-19 - 29 September 2020
    2020-10-02

    The Australian government has taken swift action to enact new legislation that significantly changes the insolvency laws relevant to all business as a result of the ongoing developments related to COVID-19

    Filed under:
    European Union, Global, Company & Commercial, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Coronavirus
    Location:
    European Union, Global
    Firm:
    Squire Patton Boggs
    Impact of COVID-19 on Insolvency Laws: How Countries Are Revamping Their Insolvency and Restructuring Laws to Combat COVID-19 - 15 July 2020
    2020-07-15

    Around the globe, our lawyers are receiving a large number of enquiries about mitigating the impact of the coronavirus disease 2019 (COVID19) on companies' business operations and finances. Governments in several countries have reacted quickly to try to mitigate COVID-19's impact by changing or amending their insolvency laws. This memorandum is an overview of the key changes in restructuring and insolvency laws that select countries have undertaken in response to the COVID-19 pandemic

    Filed under:
    Global, Company & Commercial, Insolvency & Restructuring, Squire Patton Boggs, Coronavirus
    Location:
    Global
    Firm:
    Squire Patton Boggs
    Changes to the UK Insolvency Regime - What This Means For UK Businesses
    2020-06-11

    The Government is in the process of pushing the Corporate Insolvency and Governance Bill through Parliament, with it anticipated to become law later in June. The Bill represents the biggest overhaul of the UK’s insolvency legislation for over 30 years.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Public, Squire Patton Boggs, Coronavirus
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    UK Insolvency Law changes - What is the proposed new “moratorium”?
    2020-05-28

    On 20 May 2020, the UK Government introduced the Corporate Insolvency and Governance Bill (the “Bill”) to the House of Commons. The Bill introduces a new debtor-in-possession moratorium to give companies breathing space in order to try to rescue the company as a going concern. The Bill is currently only in draft form and therefore amendments may be made. It is anticipated that the legislation will come into force by the end of June 2020.

    This blog (the first in a series of blogs about this new measure) outlines the key provisions of the moratorium and how it will work.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Squire Patton Boggs, Coronavirus, UK House of Commons
    Authors:
    Rachael Markham , John Alderton , Emily Davis
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    Managing Distressed Customer Relationships EMEA - UK
    2020-05-11

    In the wake of the COVID-19 pandemic, we are often asked what our clients should do if a business (such as a supplier, customer or any other contract counterparty) is suffering distress and may be contemplating filing for insolvency.

    Filed under:
    United Kingdom, Insolvency & Restructuring, IT & Data Protection, Squire Patton Boggs, Coronavirus
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs

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