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    Game over? Court of Appeal has a kick-about with Game administration
    2014-02-26

    The case concerning the Game group of companies' administration has now been played out in the Court of Appeal and the eagerly anticipated judgment has been handed down.

    The issue at stake concerned a landlord's ability to recover rent as an expense of administration (and therefore payable before other creditors) where such rent is payable in advance but where the tenant's administration occurs immediately before a quarter day's rent falling due.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Real Estate, Dentons, Unsecured debt, Landlord
    Authors:
    Bryan Johnston , Byron Nurse , Jason Sheard
    Location:
    United Kingdom
    Firm:
    Dentons
    Creative creditors – accessing the prescribed part
    2012-06-28

    In Re JT Frith Limited [2012] EWHC 196 (Ch):

    • the terms of an intercreditor agreement; and
    • some unwitting help from the junior creditors,

    enabled a senior secured lender to benefit indirectly from the prescribed part on the insolvency of its debtor.

    Existing law at a glance

    The Enterprise Act 2002 introduced the prescribed part under a new section 176A(2) of the Insolvency Act 1986. It reserves part of the floating charge recoveries for unsecured creditors.

    Since then, the courts have held that:

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Dentons, Debtor, Unsecured creditor, Insolvency Act 1986 (UK), Enterprise Act 2002 (UK)
    Authors:
    Sarah Lawson , Adam Pierce
    Location:
    United Kingdom
    Firm:
    Dentons
    Recovery and Resolution Plans – breaking up the banks by stealth?
    2011-09-21

    Summary

    FSA is consulting on the need for certain financial services firms to prepare and maintain Recovery and Resolution Plans (RRPs) and in addition for some of these firms, and others, to make further preparations for their investment client money and custody assets (CMA) holdings.

    Why now?

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Dentons, Legal personality, Security (finance), Dividends, Market liquidity, Investment company, Subsidiary, Credit rating, Banking Act 2009 (UK), HM Treasury (UK), FSA, Bank of England
    Authors:
    Matthew Hodgson
    Location:
    United Kingdom
    Firm:
    Dentons
    Court of Appeal rules on client money
    2010-08-06

    The Court of Appeal has published its decision on Lehman Brothers International Europe Limited's (LBIE) position in relation to client money it held at the time it went into administration. It:

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Dentons, Lehman Brothers
    Location:
    United Kingdom
    Firm:
    Dentons
    Treasury amends Settlement Finality Regulations
    2009-07-31

    Treasury has amended the Financial Markets and Insolvency (Settlement Finality)(Amendment) Regulations 2009 to make the Regulations reflect changes to insolvency and company law that followed the original regulations. The changes take effect on 1 October 2009.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Dentons, HM Treasury (UK)
    Authors:
    Matthew Hodgson
    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:
    Neil Griffiths
    Location:
    United Kingdom
    Firm:
    Dentons
    Legal and regulatory update: COVID-19
    2020-05-14

    Over the past few weeks, the UK government, regulators and other bodies have moved to help businesses navigate the unprecedented disruption caused by the COVID-19 pandemic. We start this briefing with a round-up of key changes in the areas of company law and corporate finance regulation.

    Filing accounts

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Dentons, Coronavirus
    Authors:
    Richard Barham , Brian Moore , Iain Sutherland , Anna Janik , Gordon Hobkirk
    Location:
    United Kingdom
    Firm:
    Dentons
    Flying into the future: would ATOL reforms have helped more Monarch customers?
    2017-10-04

    Shortly after the last ever Monarch Airlines flight landed at Manchester Airport in the early hours of Monday morning, the airline entered administration, prompting the Civil Aviation Authority (CAA) to launch its "biggest ever peacetime repatriation" to bring home the 110,000 Monarch customers stranded abroad.

    The impact on those travellers should be minimal, but an estimated 750,000 customers' future flights and holidays have been cancelled. Where they stand primarily comes down to whether their booking is protected by the UK's Air Travel Organisers' Licence (ATOL) scheme.

    Filed under:
    United Kingdom, Aviation, Insolvency & Restructuring, Leisure & Tourism, Dentons
    Location:
    United Kingdom
    Firm:
    Dentons
    Construction briefing
    2015-10-01

    Legal changes affecting construction businesses from 1 October 2015

    1 October 2015 ushers in a number of legal changes which affect construction businesses operating in the UK. We have provided brief highlights of some of the changes below. If you need further information, please contact us using the details on the right.

    Filed under:
    United Kingdom, Company & Commercial, Construction, Employment & Labor, Insolvency & Restructuring, Litigation, Dentons
    Authors:
    Nigel Barnett , Sarah Lawson , Rebecca Owen-Howes , Gurbinder Grewal
    Location:
    United Kingdom
    Firm:
    Dentons
    Foreign companies and schemes of arrangement: an update
    2013-12-05

    English schemes of arrangement (Schemes) have become a useful and established procedure for restructuring the debts of foreign companies incurred under English law finance documents. For an overview of why they are useful and how they work, see our July 2011 article "Financial restructurings of foreign companies through English schemes of arrangement".

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Dentons
    Authors:
    Rachel Anthony , Hayley Çapani
    Location:
    United Kingdom
    Firm:
    Dentons

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