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    Business rates mitigation schemes - The Court of Appeal refuses to "pierce the corporate veil"
    2019-03-27

    In a decision to be welcomed by ratepayers, the Court of Appeal in Rossendale Borough Council and others v. Hurstwood Properties (A) Limited and others [2019] EWCA Civ 364 has confirmed that certain types of mitigation schemes are not sufficient to pierce the corporate veil and transfer liability for business rates to the beneficiaries of those schemes.

    Liability for business rates

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Real Estate, Dentons
    Location:
    United Kingdom
    Firm:
    Dentons
    The Great Brexit Debate
    2016-06-24

    Introduction

    Filed under:
    European Union, OECD, United Kingdom, Capital Markets, Competition & Antitrust, Designs and trade secrets, Employment & Labor, Environment & Climate Change, Insolvency & Restructuring, IT & Data Protection, Public, White Collar Crime, Dentons, Brexit
    Location:
    European Union, OECD, United Kingdom
    Firm:
    Dentons
    Top tips: buying from an insolvent company
    2014-07-09

    The Restructuring, Insolvency and Bankruptcy Group considers the legal, commercial and practical issues.

    Do a deal quickly!

    Often it is in the interests of both buyer and seller to negotiate and complete a deal as soon as possible to preserve value in the business before goodwill is tainted with any stigma of insolvency or key employees, suppliers or customers leave the business.

    Buy the business not the shares

    Filed under:
    United Kingdom, Insolvency & Restructuring, Dentons, Due diligence
    Authors:
    Nigel Barnett , Catherine Astruc , Celia Hayward
    Location:
    United Kingdom
    Firm:
    Dentons
    Industry responds to Treasury informal consultation on segregation and porting
    2012-09-14

    Several industry associations (ISDA, BBA and FOA – the futures and options association) have responded to a Treasury informal consultation on the need to carve out from English insolvency law the porting of clearing clients’ positions and margin. They agree on the need to ensure certainty around the porting option when a clearing member becomes insolvent. EMIR’s porting option should also apply where the clearing member is acting through back-to-back transactions and holds the client’s margin. The associations note that porting should be subject to agreement.

    Filed under:
    United Kingdom, Capital Markets, Derivatives, Insolvency & Restructuring, Dentons, International Swaps and Derivatives Association
    Authors:
    Roy Neillie
    Location:
    United Kingdom
    Firm:
    Dentons
    An early Christmas gift for insolvency practitioners: the first decision that actively casts doubt on Minmar
    2011-12-22

    On December 21, 2011, in the High Court of England & Wales, Norris J handed down his judgment in Re Virtualpurple Professional Services Ltd [2011] EWHC 3487 (Ch), and in doing so he has become the first judge to cast real doubt on the decision of the Chancellor in Minmar (929) Limited v. Khalatschi [2011] EWHC 1159 (Ch). This is a welcome development and should at least begin the process of finally determining the correct formalities for an out-of-court appointment by directors where there is no qualifying floating charge holder.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Dentons, High Court of Justice
    Authors:
    Neil Griffiths , Ian Fox
    Location:
    United Kingdom
    Firm:
    Dentons
    Insolvency tourism: will the proposed restructuring moratorium entice more to these shores?
    2010-11-18

    On 26 July 2010, the Insolvency Service issued proposals for a new type of short-term restructuring moratorium. The moratorium would be available through a court-based process to companies with a viable business and the general support of creditors. The proposed moratorium could have the potential to encourage more companies to view the UK as an attractive jurisdiction for restructuring.

    What are the proposals?

    The main features are:

    Filed under:
    United Kingdom, Insolvency & Restructuring, Dentons, Debt, Extraterritoriality, Liquidation, Balance sheet, Moratorium (law), Stakeholder (corporate), Comity, Debtor in possession, Companies Act 2006 (UK), Insolvency Act 1986 (UK), UNCITRAL
    Location:
    United Kingdom
    Firm:
    Dentons
    FSA updates on Lehman-backed structured products
    2009-10-30

    FSA has announced a range of measures to help investors who got unsuitable advice or misleading materials relating to Lehman-backed structured products. It has found significant failings and the actions it is taking will apply to all structured products in future:  

    Filed under:
    United Kingdom, Insolvency & Restructuring, Securitization & Structured Finance, Dentons, Marketing, Public limited company, Lehman Brothers, FSA
    Authors:
    Robert Finney
    Location:
    United Kingdom
    Firm:
    Dentons
    Airline insolvency and repossession - United Kingdom
    2020-12-04

    What are the principal types of insolvency proceedings?

    Filed under:
    United Kingdom, England & Wales, Aviation, Insolvency & Restructuring, Dentons
    Authors:
    Alexander Hewitt , Nick Chandler , Luci Mitchell-Fry , Stephen Temple
    Location:
    United Kingdom
    Firm:
    Dentons
    Implications of new moratorium and exclusion of directors' liability in the UK now Corporate Insolvency and Governance Act 2020 becomes law
    2020-06-29

    On 26 June the long-awaited Corporate Insolvency and Governance Act 2020 came into force and introduced emergency measures to provide protection to directors of companies which continue to trade notwithstanding the threat of insolvency, and to prevent, where possible, companies entering into insolvency due to COVID-19.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Dentons, Coronavirus, Financial Conduct Authority (UK)
    Authors:
    Douglas Blyth , Neil Griffiths , Ian Fox , Tessa Blank , Celia Hayward , Richard Pallot-Cook
    Location:
    United Kingdom
    Firm:
    Dentons
    Project bank accounts: making payment fair
    2019-02-14

    A year after its collapse, Carillion's insolvency continues to haunt both its supply chain and the wider UK construction industry. Many of those left unpaid had spent months chasing Carillion for payment, all the while staving off payment demands from others. Overnight, their debts became unsecured. The flow of cash from Carillion that would have paid its supply chain dried up. A cascade of consequential insolvencies was inevitable.

    Filed under:
    United Kingdom, Banking, Construction, Insolvency & Restructuring, Projects & Procurement, Dentons
    Location:
    United Kingdom
    Firm:
    Dentons

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