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    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
    COVID-19: temporary insolvency provisions extended for another three months. Welcome breathing space or delaying the inevitable?
    2020-12-16

    Last week saw the government further extend COVID-19 emergency insolvency provisions until 31 March 2021. Since April, these have:

    Filed under:
    United Kingdom, Insolvency & Restructuring, Dentons, Coronavirus
    Authors:
    Ian Fox , Neil Griffiths
    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
    A review of the Corporate Insolvency Framework: have your say
    2016-05-26

    On 25 May, the Insolvency Service published a consultation paper on options for reform of the UK's corporate insolvency regime.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Dentons, Debt
    Authors:
    Nigel Barnett , Ian Fox , Tessa Blank , Sarah Lawson
    Location:
    United Kingdom
    Firm:
    Dentons
    Top tips for financiers: directors in a financial crisis
    2014-07-09

    The Restructuring, Insolvency and Bankruptcy Group considers the English law position.

    Wrongful Trading

    Filed under:
    United Kingdom, Insolvency & Restructuring, Dentons, Board of directors
    Authors:
    Nigel Barnett , Rachel Anthony , Neil Griffiths , Sonia Jordan
    Location:
    United Kingdom
    Firm:
    Dentons
    UK pensions: summer round-up
    2012-09-11

    This summer has seen several pension issues making the news. They show how essential it is for employers and trustees to keep abreast of how developments impact on their arrangements.

    Jay Doraisamy looks at five areas which have made the headlines this summer:

    Filed under:
    United Kingdom, Corporate Finance/M&A, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Tax, Dentons
    Authors:
    Elmer Doonan , Jay Doraisamy , Alan Jarvis , Andrew Patten
    Location:
    United Kingdom
    Firm:
    Dentons

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