Last year saw several important decisions relating to restructuring plans, including Petrofac (see our Law-Now: Saipem judgment: fair benefit sharing for all creditors) and Waldorf (see our Law-Now: Waldorf Plan Rejected: Court stresses fairness and good faith).

For what comes next tlt.com Disputes Outlook 2026 Insolvency TLT TLT Disputes Outlook 2026 Disputes Outlook 2026 Contents 2 Contents Live issues Expanded claims against directors of insolvent companies 3 Creditor challenges outside of formal insolvency 3 Increased regulation in the private rented sector 4 Emerging trends Insolvency proceedings as a method of debt recovery 5 Contested winding up and bankruptcy petitions 5 Mid-market restructuring plans 6 Spot the risks. Plan ahead. Resolve with confidence. Disputes aren’t always avoidable, but being prepared can make all the difference.

The Supreme Court of New South Wales has clarified the circumstances in which a liquidator may recover deposit funds paid to a third party and the extent to which a counterparty may rely on the good-faith defence under section 588FG of the Corporations Act 2001 (Cth).

Welcome to the latest edition of the Financial Regulation Weekly Bulletin.

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This article examines the recent decision in Maher & Anor v Investalet Ltd & Anor.

Section 234 Insolvency Act 1986 provides:

“(2) Where any person has in his possession or control any property, books, papers or records to which the company appears to be entitled, the court may require that person forthwith (or within such period as the court may direct) to pay, deliver, convey, surrender or transfer the property, books, papers or records to the office-holder.”

From 18 November 2025, the UK’s new Companies House identity verification (IDV) framework took effect, representing one of the most substantial reforms to corporate administration in recent years. The reforms, introduced under the Economic Crime and Corporate Transparency Act 2023, aim to enhance corporate transparency and prevent misuse of UK entities.

Introduction

In a recent decision, the Employment Appeal Tribunal (EAT) provided useful clarification on how TUPE operates in insolvency scenarios when a provisional liquidator is appointed. The judgment confirms that the TUPE exception for terminal insolvency proceedings can apply earlier than some employers and buyers may expect, with the result that employee transfer protections may be disapplied before a winding-up order is made.

TUPE and insolvency