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    New insolvency proposals which allow private court hearings could increase the cost of borrowing
    2009-09-03
    • Consultation ends September 7 2009
    • Likely to re-ignite controversy over 'pre-pack' administrations

    New proposals by the Government to improve access to rescue finance for small companies would allow larger or complex businesses to make private applications to the courts for an "administration-type" regime without creditors necessarily knowing. Proposals in the same consultation on lending to insolvent companies could drive up the cost of borrowing, says Reynolds Porter Chamberlain LLP (RPC), the City law firm.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, RPC, Debtor, Debt, Moratorium (law), Cashflow, Secured loan, Write-off
    Authors:
    Vivien Tyrell
    Location:
    United Kingdom
    Firm:
    RPC
    HMRC Debts: Priority on Insolvency - draft Regulations published
    2020-07-29

    On 4 June 2020, a draft of The Insolvency Act 1986 (HMRC Debts: Priority on Insolvency) Regulations 2020 was provided to the Public Bill Committee. The Regulations are due to come into force on 1 December 2020.

    The draft Regulations set out the debts due to HMRC that will have ‘secondary’ preferential status in insolvencies from 1 December 2020. They are debts in respect of PAYE income tax, employee NICs, construction industry scheme deductions and student loan repayments. VAT debts are to be treated in the same way, though are not covered by these draft Regulations.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Tax, RPC, Insolvency Act 1986 (UK), HM Revenue and Customs (UK)
    Authors:
    Adam Craggs , Ben Roberts , Robert Waterson
    Location:
    United Kingdom
    Firm:
    RPC
    Arbitration or winding up?
    2019-09-17

    In But Ka Chon v Interactive Brokers LLC [2019] HKCA 873, the Hong Kong Court of Appeal upheld a lower court's decision to reject an application to set aside a statutory demand. The appellant had argued (among other things) that an arbitration clause in his agreement with the respondent required their dispute to be referred to arbitration.

    Filed under:
    United Kingdom, Arbitration & ADR, Insolvency & Restructuring, Litigation, RPC, Debtor
    Location:
    United Kingdom
    Firm:
    RPC
    “Gagging orders”: an office holder’s secret weapon
    2017-03-13

    ADVISORY | DISPUTES | TRANSACTIONS “Gagging orders”: an office holder’s secret weapon December 2016 Introduction Practitioners are fully aware of the extensive powers available under ss 235 and 236 of the Insolvency Act 1986 (IA 1986) allowing administrators and liquidators as office holders (OHs) to require individuals and organisations to disgorge information.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, White Collar Crime, RPC, Insolvency Act 1986 (UK)
    Location:
    United Kingdom
    Firm:
    RPC
    Electronic disclosure – the perils of ignoring disclosure requirements
    2015-07-09

    In Smailes and another v McNally and another[i]the High Court refused the claimant's application for relief from sanctions, finding the claimant's failure in respect of its disclosure obligations under the relevant provisions of the Civil Procedure Rules (CPR 31) amounted to a significant and serious breach of an "unless order".

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, RPC, Civil Procedure Rules (UK)
    Authors:
    Geraldine Elliott
    Location:
    United Kingdom
    Firm:
    RPC
    Litigation privilege in liquidations
    2014-03-14

    The recent Court of Appeal decision in Rawlinson and Hunter Trustees SA & others v Akers & another [2014] serves to emphasise that third party reports commissioned by liquidators to enable them to consider whether litigation should be commenced in order to make recoveries for the benefit of creditors will not always attract litigation privilege.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, RPC, Court of Appeal of England & Wales
    Authors:
    Robert Morris
    Location:
    United Kingdom
    Firm:
    RPC
    Navigating through the storm
    2011-03-30

    There remains much economic uncertainty ahead and it seems that insolvency practices are likely to continue to remain important drivers in accountancy firms. However, insolvency practitioners are facing increased regulation and public scrutiny. They need to remain on top of their game to navigate safely through stormy waters, as Ross Goodrich reports.

    Background

    Filed under:
    United Kingdom, Insolvency & Restructuring, RPC, Shareholder, Unsecured debt, Interest, Accounting, Economy, Liquidation, Liquidator (law), Office of Fair Trading, Institute of Chartered Accountants in England and Wales
    Location:
    United Kingdom
    Firm:
    RPC
    Modernisation of insolvency rules
    2009-08-05

    The draft Legislative Reform (Insolvency) (Miscellaneous Provisions) Order 2009 has now been published detailing the proposed changes to the Insolvency Act 1986. The aim of the changes is to reduce costs and the administrative burden on users of the legislation and subsequently benefi t the creditors of insolvent companies and individuals through more fl exible procedures and increased dividends.  

    Filed under:
    United Kingdom, Insolvency & Restructuring, RPC, Dividends, Legal burden of proof, Insolvency Act 1986 (UK)
    Location:
    United Kingdom
    Firm:
    RPC
    Competing subordinated debts - the lessons learnt from Lehmans' insolvency
    2022-07-08

    Some 13 years ago, Lehman Brothers' sudden and unexpected insolvency sent ripples across the banking and financial services market, some of which are still felt today.

    The Court of Appeal's decision in the consolidated cases of Lehman Brothers Holdings Scottish LP 3 v Lehman Brothers Holdings plc (in administration) and others1 [2021] EWCA Civ 1523 was the latest in a long line of cases seeking to unwind the issues arising from Lehman Brothers' unexpected collapse.

    The background

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, RPC
    Authors:
    Suzan Kurdi , Jake Hardy
    Location:
    United Kingdom
    Firm:
    RPC
    D&O - the irrelevance of the Corporate Insolvency and Governance Act
    2020-07-28

    The Corporate Insolvency and Governance Act ("the Act") came into expedited effect on 26 June 2020 and is intended to maximise the chance of corporate survival and reduce the threat of personal liability on directors during this unprecedented economic crisis.

    D&O insurers should be clear about one thing: this Act will not help them and in fact it could well make things worse.

    The Act

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, RPC, Coronavirus
    Authors:
    Simon Goldring , Richard Booth
    Location:
    United Kingdom
    Firm:
    RPC

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