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    UK liquidators challenge the costs of administrator's solicitors
    2014-08-07

    Key points

    Agreements relating to costs in the course of their office could not be set aside by liquidators subsequently appointed.

    The facts

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Taylor Wessing, Costs in English law, High Court of Justice (England & Wales)
    Authors:
    Negeen Arasteh
    Location:
    United Kingdom
    Firm:
    Taylor Wessing
    PPF entry rules amended to accommodate specific European insolvency events
    2014-08-07

    In the November 2013 edition of Pensions Pieces we referred to the Olympic Airlines case where a UK pension scheme could not qualify for entry to the Pension Protection Fund ('the PPF') because its sponsoring employer was suffering main liquidation proceedings in Greece, and further insolvency proceedings could not be established to satisfy the current entry conditions

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Taylor Wessing
    Authors:
    Mark Smith , Rosalind Connor
    Location:
    United Kingdom
    Firm:
    Taylor Wessing
    Breach of duty by directors and dishonest assistance claims by an English liquidator
    2014-07-04

    Key Points

    Where a sole director and shareholder of a company had breached fiduciary duties he could not ratify the breach if the company was insolvent;

    Claims against the company in liquidation by dishonest assisting parties could not be set off under rule 4.90 Insolvency Rules against any liability they had in damages for that assistance.

    The Facts

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Taylor Wessing, Shareholder, Fiduciary, High Court of Justice (England & Wales)
    Authors:
    Amy Patterson
    Location:
    United Kingdom
    Firm:
    Taylor Wessing
    Unsuccesful challenge to order allowing sale of secured assets in UK administration
    2014-07-04

    Key points

    When deciding whether to grant an order that administrators may sell secured assets as if they are not subject to security the court will:

    • carry out a balancing exercise as between the prejudice to the secured creditor and the prejudice which would be suffered in the administration; and
    • protect the secured creditors' rights by ensuring that the assets subject to security were valued appropriately taking into account the circumstances of the administration.

    Facts

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Taylor Wessing
    Location:
    United Kingdom
    Firm:
    Taylor Wessing
    Scheming lenders achieve restructuring objectives
    2014-07-17

    Key Point

    Two recent cases have resulted in innovative structures for restructuring the finances of groups of companies being sanctioned by the English Courts pursuant to schemes of arrangement. The trend for using such a mechanism for financial restructuring shows no signs of abating. On the contrary the innovative scope of such schemes appears to be expanding

    Stemcor restructuring

    The scheme

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Litigation, Taylor Wessing
    Authors:
    Brian Cain
    Location:
    United Kingdom
    Firm:
    Taylor Wessing
    Small Business, Enterprise and Employment Bill – points for finance markets
    2014-07-17

    Background

    Filed under:
    United Kingdom, Company & Commercial, Employment & Labor, Insolvency & Restructuring, Taylor Wessing
    Authors:
    Brian Cain
    Location:
    United Kingdom
    Firm:
    Taylor Wessing
    Lenders notice valid despite liquidation of service agent
    2014-07-17

    Key Point

    The liquidation of an agent for service appointed by a Borrower under a loan agreement did not prevent the Lender from validly serving process on the Borrower by delivering documents to that agent.

    The facts

    A loan agreement contained the following clause:

    "Service of process. Without prejudice to any other mode of service allowed under any relevant laws, each Borrower -

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Litigation, Taylor Wessing, Liquidation
    Authors:
    Brian Cain
    Location:
    United Kingdom
    Firm:
    Taylor Wessing
    UK Registrar of Companies opposes filing of revised statement of administrators' proposals
    2014-07-04

    Key points

    The court has jurisdiction to order the UK Registrar of Companies to replace previously filed administrators' proposals.

    The Facts

    The administrators of a company filed a statement of proposals with the Registrar but then sought to replace the proposals because they contained information that the company was obliged to keep confidential. The administrators argued that:

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Taylor Wessing, High Court of Justice (England & Wales)
    Authors:
    Negeen Arasteh
    Location:
    United Kingdom
    Firm:
    Taylor Wessing
    Pre-pack administrations: a review of UK practice
    2014-07-04

    Key Point

    The Graham Review into pre-pack administrations suggests beefing up SIP16 and creating new steps in the sale process where the sale is to a connected party but stops short of proposing new legislation.

    The Graham Review

    Filed under:
    United Kingdom, Insolvency & Restructuring, Taylor Wessing
    Authors:
    Brian Cain
    Location:
    United Kingdom
    Firm:
    Taylor Wessing
    Debtor's late challenge to English Individual Voluntary Arrangement fails
    2014-07-04

    Key Point

    Neither failure to obtain debtor's consent to modifications to an IVA proposal, prior to the creditors' meeting; nor the unauthorised exercise of a proxy at a creditors' meeting render an approved IVA a nullity.

    The facts

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Tax, Taylor Wessing
    Authors:
    David Johnson
    Location:
    United Kingdom
    Firm:
    Taylor Wessing

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