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    Back to basics: enforcing a judgment in Scotland
    2016-10-26

    The aim of a payment action is to recover monies due. Obtaining a positive judgment from the court is just the first step in that process. The party with the benefit of the judgment still needs to enforce the order if payment is not made. This guide describes what enforcement means in practice and the approach to enforcement in Scotland.

    Getting started

    To enforce a court decree in Scotland, creditors need to do the following:

    Filed under:
    United Kingdom, Scotland, Company & Commercial, Insolvency & Restructuring, Litigation, DLA Piper
    Location:
    United Kingdom
    Firm:
    DLA Piper
    Insolvency in the fashion retail sector — understanding and managing the risks of an insolvent acquisition
    2014-10-01

    In our “Insolvency in the fashion retail sector: the risks and opportunities” article in the Q2 edition of Global Insight, we looked at the challenges the fashion retail industry faces today and the opportunities available for both existing players and new market entrants in the context of insolvent business acquisitions. In this article we comment in more detail on these opportunities and consider some of the factors and risks to be aware of when purchasing an insolvent fashion retail business and its assets.

    OPPORTUNITY ARISES OUT OF ADVERSITY

    Filed under:
    United Kingdom, Insolvency & Restructuring, DLA Piper, Retail
    Authors:
    Robert Russell
    Location:
    United Kingdom
    Firm:
    DLA Piper
    Securing evidence during the COVID-19 pandemic (Koldyreva v Motylev)
    2020-12-15

    This is an amended version of an article which was first published on LexisPSL.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, DLA Piper, Coronavirus
    Location:
    United Kingdom
    Firm:
    DLA Piper
    What does the UK Corporate Insolvency and Governance Act 2020 mean for ABL?
    2020-08-17

    The Corporate Insolvency and Governance Act 2020 makes the most significant changes to UK insolvency law in a generation. The Act introduces three permanent measures: a new free standing moratorium, a new restructuring plan process (largely modelled on schemes of arrangement but with the addition of a cross-class cram-down), and restrictions on termination of contracts for the supply of goods and services. The moratorium and the restructuring plan are of particular significance to secured lenders, and this note addresses some of the most frequently asked questions by the ABL community.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, DLA Piper, Coronavirus
    Location:
    United Kingdom
    Firm:
    DLA Piper
    Energy, Infrastructure and Projects Global Insight Issue 2, 2019: Key themes in distressed projects
    2019-08-20

    An insight into the key issues and challenges facing global infrastructure projects, and a look at possible solutions and mitigations.

    In brief

    Filed under:
    United Kingdom, Energy & Natural Resources, Insolvency & Restructuring, Projects & Procurement, DLA Piper, Due diligence, Public-private partnership, Carillion
    Location:
    United Kingdom
    Firm:
    DLA Piper
    Coordination and balance
    2017-08-31

    Cross-border insolvency of multinational groups

    WGV aims to agree a set of key principles and draft text for a regime to address crossborder insolvency in the context of enterprise groups (defined widely to mean any entity, regardless of its legal form, that is engaged in economic activities and may be governed by insolvency law). This has started to take a form most suited to a stand-alone supplement to the Model Law. The Group’s secretariat produced a draft legislative text, incorporating three principles agreed by WGV. The three principles are:

    Filed under:
    European Union, United Kingdom, Insolvency & Restructuring, Litigation, DLA Piper, UNCITRAL
    Location:
    European Union, United Kingdom
    Firm:
    DLA Piper
    Tenant insolvency - how landlords should approach a CVA
    2016-09-23

    Political and economic uncertainty in the aftermath of the referendum result in the UK has dampened sentiment on the high street and hit consumer confidence.

    According to the National Institute of Economic and Research, there is an "even" chance of Britain falling into recession by the end of next year and the Bank of England has significantly reduced its growth forecast for 2017.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Real Estate, DLA Piper
    Authors:
    Rowan Aspinwall , Tim Dawson
    Location:
    United Kingdom
    Firm:
    DLA Piper
    UK Government consults on mandatory supply of IT services to insolvent customers
    2014-07-24

    The UK Government has released a long awaited consultation document proposing new controls on IT suppliers’ dealings with customers facing insolvency.

    To a degree this brings the termination provisions of the UK’s insolvency rescue regimes (administration and company voluntary arrangements) in line with some other jurisdictions, such as the US, which, broadly, do not allow supplier termination for customer insolvency.

    Filed under:
    United Kingdom, Insolvency & Restructuring, IT & Data Protection, DLA Piper
    Authors:
    Tim Dawson
    Location:
    United Kingdom
    Firm:
    DLA Piper
    The small business restructuring process - some thoughts and considerations
    2020-12-04

    Introduction

    Filed under:
    Australia, United Kingdom, USA, Capital Markets, Insolvency & Restructuring, DLA Piper, Corporate governance
    Location:
    Australia, United Kingdom, USA
    Firm:
    DLA Piper
    Bresco v Lonsdale: Supreme Court rules insolvent company can adjudicate
    2020-07-27

    Introduction

    With grimly apposite timing, in June, the Supreme Court gave its decision in Bresco Electrical Services Ltd (in Liquidation) v Michael J Lonsdale (Electrical) Ltd and turned on its head the construction industry’s understanding of an insolvent company’s right to pursue an adjudication. It will fundamentally affect construction insolvencies.

    Filed under:
    United Kingdom, Construction, Insolvency & Restructuring, Litigation, DLA Piper
    Location:
    United Kingdom
    Firm:
    DLA Piper

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