The casual dining and hospitality sector is navigating a period of profound upheaval, driven by macroeconomic pressures, regulatory uncertainty, and shifting consumer preferences. In this context, private equity and credit funds also face mounting distress, divergent brand fortunes, and a growing need for legal and transactional agility.
In autumn of 2025, the English High Court decided that liquidators have unlimited personal exposure: they cannot contractually limit or exclude their personal liability for breach of duty. An application for permission to appeal that decision is now before the Court of Appeal.
The English Court of Appeal has recently provided important guidance on transactions at an undervalue pursuant to s.238 of the Insolvency Act 1986 (“IA 86”) in the case of TAQA Bratani Ltd v Fujairah Oil and Gas UK LLC.
Our specialists explain what director disqualification is, the consequences of it and the Insolvency Service’s investigations into a director’s conduct of an insolvent company.
Company directors have legal duties and responsibilities when dealing with the affairs of a company.
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The High Court has handed down its judgment in a preliminary issues trial in Yodel Delivery Network Ltd v Corlett & Ors on 19 December 2025, dismissing counterclaims by Shift Global Holdings Ltd (Shift) and Corja Holdings Ltd (Corja) for specific performance of purported share warrant rights, which they had said entitled them to more than 54% of Yodel’s issued share capital in the battle for control of the home delivery company.
Introduction
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).