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).

Aquapoint LP v Fan [2025] UKPC 56

Introduction

In Re Petrofac Ltd [2025] EWHC 2887 (Ch), the English High Court made an administration order in relation to a Jersey-incorporated company even though its registered office was not in England which is the starting point for determining COMI and therefore the Court’s jurisdiction to make such an order.

Background

In brief

Waypark Commercial Mortgage 1 Ltd v Vanguard Number 1 Ltd (in liquidation) [2025] EWHC 1786 (Ch)

In brief

This is the latest in our series of discussions about how clients have used HSF Kramer's Decision Analysis models as part of their strategy for disputes management.

This week, financial disputes specialist Donny Surtani describes its use in a sell-or-hold decision relating to a distressed debt holding: