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    Company Top Guns may face HMRC investigation
    2021-04-01

    HMRC clamping down on furlough fraud by companies in Danger Zone

    The latest statistics show that over 11 million workers have been furloughed in the UK as part of the government's job retention scheme (that equates to 16% of the population or one in six people) and 41% of employers had staff furloughed. The scheme has so far cost the government over £40 billion and this figure will continue to rise until the end of September this year when the scheme is set to wind down.

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Tax, RPC, HM Revenue and Customs (UK)
    Authors:
    James Wickes , Alison Clarke
    Location:
    United Kingdom
    Firm:
    RPC
    Assessing Your Business Viability and Director Risk Guide
    2021-04-01

    Will your business be financially viable at the end of lockdown? What challenges does 2021 pose? What are the next steps

    Filed under:
    European Union, United Kingdom, Company & Commercial, Employee Benefits & Pensions, Healthcare & Life Sciences, Insolvency & Restructuring, Public, Tax, Squire Patton Boggs, Brexit, Supply chain, Force majeure, Coronavirus, HM Revenue and Customs (UK)
    Location:
    European Union, United Kingdom
    Firm:
    Squire Patton Boggs
    Directors’ Duties and Related Matters, in the Context of COVID-19
    2021-03-29

    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, Tax, Squire Patton Boggs, Coronavirus, HM Revenue and Customs (UK)
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    Strength in numbers: joint liquidator appointments in cross-border insolvency
    2021-03-25

    The appointment of joint liquidators can be a useful tool in cross-border insolvency proceedings, particularly when assets are located in a number of jurisdictions. However, courts must ensure that a joint liquidator appointment does not lead to conflicting duties based on the respective laws in each jurisdiction. This was the main issue for consideration in West Bromwich Commercial Ltd v Hatfield Property Ltd, where Jack J was satisfied that the appointment of joint liquidators was necessary.

    Filed under:
    British Virgin Islands, United Kingdom, Insolvency & Restructuring, Litigation, Tax, Mourant
    Authors:
    Justine Lau , Shane Donovan , Jennifer White
    Location:
    British Virgin Islands, United Kingdom
    Firm:
    Mourant
    European Real Estate Finance: Market Update - Q1 2021
    2021-03-25

    European Real Estate Finance: Market Update – Q1 2021 March 2021 Authors: Jeffrey Rubinoff, Dr. Thomas Flatten, Thierry Bosly, Hadrien Servais, Carl Hugo Parment, Fernando Navarro, Christophe Goossens, Julio Peralta, Angel Calleja, Aurélie Terlinden, Alexandra Stolt, Amitaben Patel & Brendon Vyas Further information on the response to COVID-19 can be found here, and we also have a German-language article, available here, looking at the impact on commercial leases. LIBOR Discontinuation Much has happened in the world of LIBOR Discontinuation since our last update.

    Filed under:
    Belgium, European Union, Germany, Luxembourg, Spain, Sweden, United Kingdom, Banking, Capital Markets, Company & Commercial, Insolvency & Restructuring, Litigation, Public, Real Estate, Tax, White & Case, Brexit, Libor, Private equity, Euribor, Force majeure, Coronavirus, Commercial tenant, HM Revenue and Customs (UK), EU-UK Trade and Cooperation Agreement
    Location:
    Belgium, European Union, Germany, Luxembourg, Spain, Sweden, United Kingdom
    Firm:
    White & Case
    Commercial leases in the COVID-19 pandemic
    2021-03-15

    The COVID-19 pandemic in Germany is significantly affecting commercial landlords and tenants. The German legislator has taken various measures to mitigate the consequences of officially ordered business closures during lockdown and other pandemic-related adverse effects. 

    Filed under:
    Germany, Insolvency & Restructuring, Litigation, Real Estate, Tax, Freshfields Bruckhaus Deringer, Private equity, Coronavirus, Commercial tenant, Federal Court of Justice
    Authors:
    Johannes Conradi , Timo Elsner , Julia Haas , Niko Schultz-Suechting , Gerrit Beckhaus
    Location:
    Germany
    Firm:
    Freshfields Bruckhaus Deringer
    Mining in the Courts, Vol. XI
    2021-03-09

    The highest profile duty to consult case this past year was the Federal Court of Appeal’s decision in Coldwater First Nation v. Canada (Attorney General), 2020 FCA 34, relating to the Trans Mountain Pipeline Expansion Project (TMX Project). This was a judicial review of the federal Cabinet’s decision to approve the TMX Project for the second time subject to numerous conditions. The TMX Project involves the twinning and expansion of an existing pipeline from Edmonton, Alberta to Burnaby, British Columbia.

    Filed under:
    Canada, Capital Markets, Company & Commercial, Employment & Labor, Energy & Natural Resources, Environment & Climate Change, Insolvency & Restructuring, Litigation, Public, Tax, McCarthy Tétrault LLP
    Location:
    Canada
    Firm:
    McCarthy Tétrault LLP
    Unternehmensrestrukturierung & DAC6: Meldepflicht in Abwesenheit eines Steuermotivs?
    2021-03-07

    DAC6 – Die neue Meldepflicht ab 1. Januar 2021

    Filed under:
    Belgium, European Union, Insolvency & Restructuring, Tax, Lydian
    Authors:
    Geert De Neef
    Location:
    Belgium, European Union
    Firm:
    Lydian
    The taper begins, seat belts fastened and no tantrums please!
    2021-03-04

    For most businesses, the Chancellor’s budget statement yesterday brings some welcome news with the extension of certain critical Covid-19 support measures. However, this is coupled with the removal of certain government-backed loan schemes and a future increase in the corporation tax rate from 19 per cent to 25 per cent from 2023 onwards.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Tax, Freshfields Bruckhaus Deringer, Coronavirus
    Authors:
    Richard Tett , Lindsay Hingston , Kevin Connolly , Nicholas Cooper
    Location:
    United Kingdom
    Firm:
    Freshfields Bruckhaus Deringer
    What are the likely consequences of COVID-19 for financial institutions in 2021?
    2021-03-02

    While the world wrestles with the day-to-day realities of the pandemic, 2021 will bring further challenges. With the memory of the litigious and regulatory aftermath of the global financial crisis still fresh, what should be on your radar?

    1. Disputed margin calls and close-outs

    Filed under:
    United Kingdom, Banking, Competition & Antitrust, Compliance Management, Employment & Labor, Healthcare & Life Sciences, Insolvency & Restructuring, Insurance, IT & Data Protection, Tax, White Collar Crime, BCLP, Force majeure, Coronavirus, HM Revenue and Customs (UK)
    Location:
    United Kingdom
    Firm:
    BCLP

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