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    Private Client Briefing - Spring 2025
    2025-11-04

    Johnson v His Majesty's Attorney-General [2025] EWHC 1943

    The English High Court decision of Johnson v His Majesty's Attorney-General [2025] EWHC 1943 is the first time that an English court has sealed a non-royal will, contrary to the ancient tradition that wills are available to the public.

    Background

    Filed under:
    New Zealand, United Kingdom, Insolvency & Restructuring, Litigation, Russell McVeagh
    Authors:
    Nathaniel Walker , Priscilla Brown , Joanna Trezise , Greg Neill , Tim Clarke , Tony Sycamore
    Location:
    New Zealand, United Kingdom
    Firm:
    Russell McVeagh
    Investor Directors: Is it worth the hassle?
    2025-11-03

    In UK venture deals, investors often negotiate the right to appoint a director to the company’s board (as a rule of thumb, an investor with 5% to 10% or more of the company might ask for board rights). On paper, it makes sense, giving a seat at the table, direct access to management, and visibility on key decisions. But before taking that seat, we often advise investors to ask themselves: is it worth the hassle?

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Bird & Bird, Companies Act 2006 (UK)
    Authors:
    Benjamin Simon
    Location:
    United Kingdom
    Firm:
    Bird & Bird
    Court of Appeal confirms a Luxembourg Sub-Fund is not an “unregistered company” capable of being wound up under the Insolvency Act 1986
    2025-11-03

    On 3 September 2025, the Court of Appeal handed down judgment in East Riding of Yorkshire Council v KMG SICAV-SIF-GB Strategic Land Fund [2025] EWCA Civ 1137, confirming that a “dedicated fund” of a Luxembourg specialised investment company was not an “unregistered company” within the meaning of section 220 of the Insolvency Act 1986 (the “Act”), and therefore could not be wound up by the court under section 221 of the Act.

    Filed under:
    Luxembourg, United Kingdom, Insolvency & Restructuring, Litigation, McDermott Will & Schulte LLP, Articles of association, Companies Act 2006 (UK)
    Authors:
    Jack Thorne , Harry Denlegh-Maxwell
    Location:
    Luxembourg, United Kingdom
    Firm:
    McDermott Will & Schulte LLP
    Court of Appeal confirms a Luxembourg Sub-Fund is not an “unregistered company” capable of being wound up under the Insolvency Act 1986
    2025-11-03

    On 3 September 2025, the Court of Appeal handed down judgment in East Riding of Yorkshire Council v KMG SICAV-SIF-GB Strategic Land Fund [2025] EWCA Civ 1137, confirming that a “dedicated fund” of a Luxembourg specialised investment company was not an “unregistered company” within the meaning of section 220 of the Insolvency Act 1986 (the “Act”), and therefore could not be wound up by the court under section 221 of the Act.

    Filed under:
    Luxembourg, United Kingdom, Insolvency & Restructuring, Litigation, McDermott Will & Schulte LLP, Articles of association, Companies Act 2006 (UK)
    Authors:
    Jack Thorne , Harry Denlegh-Maxwell
    Location:
    Luxembourg, United Kingdom
    Firm:
    McDermott Will & Schulte LLP
    Restoring a company to the Register of Companies in Scotland
    2025-10-24

    How to bring a dissolved company back to life through administrative or court restoration.

    When a company is dissolved or struck off the Register of Companies it ceases to exist. Property belonging to the dissolved company vests in the Crown to be disposed of. However, that is not always the end of the matter and in certain circumstances it is possible to restore a company to the Register.

    Why restore a company?

    Filed under:
    United Kingdom, Scotland, Company & Commercial, Insolvency & Restructuring, Litigation, Morton Fraser MacRoberts LLP, Companies Act 2006 (UK)
    Authors:
    Alex Robertson
    Location:
    United Kingdom
    Firm:
    Morton Fraser MacRoberts LLP
    Real Estate Newsletter - October 2025
    2025-10-16

    NEWS

    The only way is up

    The end of upwards-only rent reviews?

    Filed under:
    United Kingdom, Healthcare & Life Sciences, Insolvency & Restructuring, Litigation, Planning, Real Estate, Tax, Slaughter and May, Mediation, Due diligence, Cladding, HM Revenue and Customs (UK), Building Safety Act 2022 (UK), Landlord and Tenant Act 1954 (UK)
    Authors:
    Jane Edwarde , John Nevin , Simon Bartle , Mark Gulliford
    Location:
    United Kingdom
    Firm:
    Slaughter and May
    Restructuring plans: where next?
    2025-10-14

    Background

    In the period since its inception in 2020, the Part 26A restructuring plan has proven to be a powerful addition to the English restructuring toolkit, allowing – through cross-class cram down – a transaction to be imposed on a dissenting class. There is a great deal of flexibility with this power; in particular, unlike with many other regimes, there is no absolute priority rule, and therefore it is possible (in justifiable circumstances) for shareholders to retain a material equity stake, while one or more creditor classes are compromised.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Slaughter and May, Office of Foreign Assets Control (USA)
    Authors:
    Ian Johnson , Claire Cooke , Tim Newey , Edward Couzens , Sarah Paterson , Joshua Bauernfreund , Megan Sparber , Evelyn Fleming
    Location:
    United Kingdom
    Firm:
    Slaughter and May
    Practice Statement 2.0: A significant milestone for Part 26 Schemes / Part 26A Plans?
    <br>
    2025-10-07

    Introduction

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Freshfields, Companies Act 2006 (UK)
    Authors:
    Sunil Singh , Katharina Crinson , Craig Montgomery , Jack Vaughan
    Location:
    United Kingdom
    Firm:
    Freshfields
    When and Should Liquidators Enter into a Settlement Agreement
    2025-10-03

    In Yeo (liquidator), in the matter of Tuftex Carpets Pty Ltd (in liquidation) [2025] FCA 1200 the liquidators sought approval from the court to enter into a settlement agreement. The claims underlying the settlement agreement were against the former director and parent company for insolvent trading and the resulting loss.

    Key Takeaways

    Filed under:
    Australia, Canada, Hong Kong, New Zealand, Singapore, United Kingdom, USA, England, Banking, Compliance Management, Insolvency & Restructuring, Litigation, Ironbridge Legal, Bankruptcy, Dispute resolution, Financial services, Insolvency, Corporations Act 2001 (Australia)
    Authors:
    Trevor Withane
    Location:
    Australia, Canada, Hong Kong, New Zealand, Singapore, United Kingdom, USA
    Firm:
    Ironbridge Legal
    Administrators Granted Relief from Personal Liability and Time Extended to Register
    2025-10-03

    In Re Resource Development Group Limited (Administrators Appointed) [2025] WASC 408, the Court granted relief to the voluntary administrators of Resource Development Group Ltd (RDG) from personal liability under a loan arrangement and extended time for the registration of a related security interest.  

    Key Takeaway

    Filed under:
    Australia, Canada, Hong Kong, New Zealand, Singapore, United Kingdom, USA, England, Banking, Compliance Management, Insolvency & Restructuring, Litigation, Ironbridge Legal, Bankruptcy, Dispute resolution, Financial services, Personal Property Securities Act 2009 (Australia)
    Authors:
    Trevor Withane
    Location:
    Australia, Canada, Hong Kong, New Zealand, Singapore, United Kingdom, USA
    Firm:
    Ironbridge Legal

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