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    Why St Patrick was an insolvency litigator
    2015-03-17

    Health Warning: This Blog may not be historically accurate

    If, like me, you have recently attended one of the many St Patrick’s Day parades that have taken place across the UK and worldwide, you are no doubt acutely aware that St Patrick was a polyester clad leprechaun with a penchant for drinking Guinness and turning rivers green. However, it may come as a shock to learn that St Patrick was also a dyed-in-the-wool insolvency litigator.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Squire Patton Boggs
    Authors:
    Siân Taylor , Chris Keane
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    Pension Protection Fund settles moral hazard claim with Russian companies
    2015-02-18

    Carrington Wire Defined Benefit Pension Scheme was set up for the benefit of the employees of Carrington Wire Limited; a Yorkshire based company engaged in the sale and supply of steel and wire products. Carrington, which started to wind down its business at the end of 2009, was at that time owned by Severstal, a Russian based international steel company. The scheme’s liabilities were guaranteed by Severstal’s parent company.

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Pension Protection Fund
    Authors:
    Paul Muscutt , Helen Kavanagh
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    Jackson – insolvency carve out indefinitely extended – great news for insolvency practitioners
    2015-02-26

    Congratulations to all those who lobbied government to extend the carve out for insolvency from the restrictions imposed by the Jackson Reforms. We have just received confirmation from the Ministry of Justice that the exemption granted to Insolvency Practitioners has been extended indefinitely.

    A real shot in the arm for Insolvency Litigators across the UK.

    House of Commons: Written Statement (HCWS303)

    Ministry of Justice

    Filed under:
    United Kingdom, Insolvency & Restructuring, Legal Practice, Squire Patton Boggs
    Authors:
    Laura Crawford , Jennifer L. Wright
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    Pension pot luck for English trustees in bankruptcy
    2015-01-13

    The recent English High Court decision in Horton v Henry [2014] EWHC 4209 (Ch)has conflicted with the earlier decision in Raithatha v Williamson [2012] EWCA Civ. 799 and leaves the law unclear as to whether a debtor’s pension forms part of their bankruptcy estate.

    A trustee in bankruptcy’s entitlement to seek an income payments order (“IPO”) in respect of a bankrupt’s income is governed by section 310 of the Insolvency Act 1986 (the “IA”). Under section 310(7) of the IA the income of a bankrupt:

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Bankruptcy, High Court of Justice (England & Wales)
    Authors:
    Jonathan Dunkley
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    5 new years resolutions for UK insolvency office holders (and their staff)
    2015-01-13

    In common with most of the population, now is the key time for making those resolutions for 2015. Suggestions appear below!

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Squire Patton Boggs
    Authors:
    Chris Keane , Siân Taylor
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    Proposed tightning in regulation of UK pre-packs
    2015-01-23

    Pre-packs are a valuable business rescue tool but have often been criticised by creditors because they enable an administrator to conclude a sale without involving them. The term ‘pre-packaged sale’ refers to an arrangement under which the sale of all or part of the company’s business or assets is negotiated with a purchaser prior to the appointment of an administrator and the administrator effects the sale immediately on, or shortly after, appointment.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Squire Patton Boggs
    Authors:
    Helen Kavanagh
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    2015: the year for change?
    2014-12-29

    What does the crystal ball show regarding developments in the UK restructuring world in 2015?

    1. Who will prosper: insolvency litigators or rogue directors?

    Filed under:
    United Kingdom, Insolvency & Restructuring, Squire Patton Boggs
    Authors:
    Caroline Castle , Mark S. Ettershank
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    Stand and deliver up – obtaining information from third parties under UK Insolvency Act
    2014-12-23

    The UK court recently considered the extent of s236 Insolvency Act 1986 (“IA 1986”) in the case of Re Comet Group Ltd (in liquidation); Khan and others v Whirlpool (UK) Ltd and another [2014] EWHC 3477 (Ch).

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Insolvency Act 1986 (UK)
    Authors:
    Cathryn Williams , Kunal Gadhvi
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    Invoice discounting agreements: what administrators should know
    2014-11-18

    Invoice finance has dominated the lending landscape in 2014 and has outperformed all other types of business lending in the UK.  We examine below many issues which may arise in the restructuring of those businesses funded by invoice discounters.

    1. Isn’t invoice discounting just a form of finance like any other?

    Filed under:
    United Kingdom, Insolvency & Restructuring, Squire Patton Boggs
    Authors:
    Paul Muscutt
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    UK Government confirms direct recovery of tax powers not intended to restore Crown preference on insolvency
    2014-11-25

    The vast majority of UK taxpayers pay what they owe in full and on time. Her Majesty’s Revenues and Customs (HMRC) thinks that a persistent minority choose not to pay which provides an undeserved advantage to those who are wilfully seeking to play the system, and creates costs which are ultimately borne by the compliant majority.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Tax, Squire Patton Boggs, HM Revenue and Customs (UK)
    Authors:
    Devinder Singh , Helen Kavanagh
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs

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