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    Talk before suspending for non payment
    2020-11-23

    On 26 June 2020, the Corporate Insolvency and Governance Act 2020 (Act) came into force with changes to insolvency law to help businesses manage the economic implications of Covid-19. The new Act’s permanent measure on continuing supply stands out for the construction industry.

    Filed under:
    United Kingdom, Construction, Insolvency & Restructuring, Dentons, Coronavirus
    Location:
    United Kingdom
    Firm:
    Dentons
    A valuable decision of the UK Supreme Court on Scottish sales at undervalue
    2019-12-06

    On 4 December 2019, the UK Supreme Court issued its decision in MacDonald and another as joint liquidators of Grampian MacLennan's Distribution Services Ltd v. Carnbroe Estates Ltd [2019] UKSC 57, a Scottish case involving insolvency and "gratuitous alienations" (sales at undervalue).

    Filed under:
    United Kingdom, Scotland, Insolvency & Restructuring, Litigation, Dentons
    Authors:
    Douglas Blyth
    Location:
    United Kingdom
    Firm:
    Dentons
    Supreme Court judgment in the long-running Lehman Waterfall litigation
    2017-05-17

    On 17 May 2017, the UK Supreme Court handed down judgment in proceedings - commonly known as the Waterfall I litigation - to determine claims with regard to the estimated £8 billion surplus arising in the estate of Lehman Brothers International (Europe) (LBIE).

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Dentons, Lehman Brothers, UK Supreme Court
    Authors:
    Tessa Blank
    Location:
    United Kingdom
    Firm:
    Dentons
    Financing of North Sea oil and gas – a restructuring and insolvency perspective
    2015-03-31

    Until recently, there was little call for restructuring and turnaround specialists in the UK to focus on the oil and gas industry. That has now undoubtedly changed.  In the second half of 2014, Brent crude prices fell from over US$100 a barrel to around US$50, and although prices have since stabilised (currently near the US$60 mark), a low price environment in the medium term seems likely. That is not bad news for all in the oil and gas industry.

    Filed under:
    United Kingdom, Energy & Natural Resources, Insolvency & Restructuring, Dentons
    Location:
    United Kingdom
    Firm:
    Dentons
    The Nortel and Lehman Brothers companies
    2013-07-31

    Background

    Under the Pensions Act 2004 the Pensions Regulator (tPR) has the power to impose a financial support direction (FSD) requiring a company “connected or associated” with the sponsoring employer of a UK pension fund to provide financial support to the pension fund. To date tPR has used the power in insolvencies.

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Dentons, Debt, Pensions Act 2004 (UK), The Pensions Regulator, Lehman Brothers
    Authors:
    Jay Doraisamy
    Location:
    United Kingdom
    Firm:
    Dentons
    Employer debt – timing the calculation
    2012-03-26

    Pension scheme assets can rise and fall. So can liabilities. The timing of the section 75 debt calculation is, therefore, critically important to the ability of the scheme to meet its liabilities.

    So when should trustees calculate their section 75 debt? Can they use one date to calculate scheme assets and choose a different date to calculate the cost of buying out the scheme’s liabilities?

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Dentons, Debt, Liability (financial accounting)
    Authors:
    Alan Jarvis , Elmer Doonan , Andrew Patten , Harriet Fletcher
    Location:
    United Kingdom
    Firm:
    Dentons
    Contribution notices: the Bonas case and its aftermath
    2011-07-21

    TPR settled its dispute with Michael Van de Wiele (VdW) in relation to its UK pension scheme and issued a Contribution Notice (CN) for £60,000. Although this is significantly less than the £21 million originally sought and the £5.08 million decided by the Determinations Panel, TPR says it is “business as usual” for the use of its statutory anti-avoidance powers. A settlement at this level might be viewed as a defeat for TPR and an indication that CNs are not a potent weapon to deal with the avoidance of employer debts. That view would be seriously misguided.

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Dentons, Debt, Liability (financial accounting), Liquidation, Market value, Trustee
    Authors:
    Elmer Doonan , Alan Jarvis , Andrew Patten
    Location:
    United Kingdom
    Firm:
    Dentons
    FSA censures firm for geared traded endowment failings
    2010-05-14

    FSA has censured a firm in voluntary liquidation for failings in selling and promoting geared traded endowment policies. Integrity Financial Solutions provided and advised on the policies. FSA found the product information it produced was misleading, which may have led IFAs to advise customers to buy an unsuitable product. It also found the firm’s own sales arm did not record information on customers and could not evidence why the product was suitable. FSA would have recommended a £350,000 fine if the firm were not in liquidation.

    Filed under:
    United Kingdom, Capital Markets, Insolvency & Restructuring, Dentons, Liquidation, Liquidator (law), Leverage (finance), FSA
    Authors:
    Robert Finney
    Location:
    United Kingdom
    Firm:
    Dentons
    Treasury publishes building society orders
    2009-04-03

    Treasury has published two orders made under the Insolvency Act 1986 and the Banking Act 2009. The orders are:  

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Dentons, Building society, Financial Services Compensation Scheme, Insolvency Act 1986 (UK), Banking Act 2009 (UK)
    Location:
    United Kingdom
    Firm:
    Dentons
    Dealing with insolvency in the construction supply chain (UK focus)
    2020-11-06

    This round-up collates the information, analysis and guidance relating to insolvency issues shared by our Construction and Restructuring, Insolvency and Bankruptcy teams during the COVID-19 pandemic. For further information on any of the issues below, please get in touch with one of the Key Contacts.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Dentons, Mediation, Coronavirus
    Location:
    United Kingdom
    Firm:
    Dentons

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