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    Insolvency Insight - Issue 2 | June 2021
    2021-06-28

    OVERVIEW

    Welcome to the second edition of the insolvency insight bulletin from the insolvency specialists at Quadrant Chambers. All cases link to the relevant judgments.

    Case Law

    Filed under:
    European Union, United Kingdom, England & Wales, Insolvency & Restructuring, Litigation, Public, Quadrant Chambers, Brexit, Insolvency Act 1986 (UK)
    Authors:
    Joseph England , Emily Saunderson , Nicola Allsop
    Location:
    European Union, United Kingdom
    Firm:
    Quadrant Chambers
    R3 Scotland Forum: The Route to Recovery for the Hospitality & Leisure Sector
    2021-06-28

    At the recent R3 Scotland Forum[1], experts in the hospitality and leisure sector came together with the restructuring and insolvency profession to discuss the issues the sector is facing as the country emerges from lockdown. The panel discussion which was chaired by Judith Howson, Senior Manager at French Duncan and member of the R3 Scotland Committee was led by Steven Fyfe, head of the Scotland Hotels Divisions within Savills.

    Filed under:
    European Union, United Kingdom, Scotland, Insolvency & Restructuring, Leisure & Tourism, Public, Brodies LLP, Brexit, Coronavirus, HM Revenue and Customs (UK)
    Authors:
    Jamie Nellany
    Location:
    European Union, United Kingdom
    Firm:
    Brodies LLP
    Guidance published for IPs dealing with FCA regulated firms
    2021-06-28

    On 12 May 2021 the FCA issued finalised guidance for insolvency practitioners who are tasked with managing insolvencies of regulated firms.

    Aiming to help insolvency practitioners understand how to deal with firms in line with FCA requirements, the guidance covers the process from end-to-end including expectations in the pre-insolvency stage and specific procedures relating to insolvencies and restructuring. The aim of the guidance is to assist with the minimising of the impact of a failure of a regulated firm

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Addleshaw Goddard LLP, Financial Conduct Authority (UK)
    Authors:
    Emma Sadler , Rosanna Bryant
    Location:
    United Kingdom
    Firm:
    Addleshaw Goddard LLP
    What do I need to know about wrongful trading?
    2021-06-25

    As a result of temporary provisions that have been in place since March 2020*, during the Covid period directors have been broadly protected from the risk of personal liability for wrongful trading.  Those temporary provisions are due to end on 30 June, 2021 and as a result, the law on wrongful trading again becomes highly relevant.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Morton Fraser MacRoberts, Coronavirus
    Authors:
    Alan Meek
    Location:
    United Kingdom
    Firm:
    Morton Fraser MacRoberts
    Temporary restrictions on winding-up petitions extended until 30 September 2021
    2021-06-24

    The temporary restrictions on winding-up petitions brought in under the Corporate Insolvency and Governance Act 2020 (“CIGA”) are wider than originally envisaged when first announced by the government in April 2020 and have now been extended until 30 September 2021.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Charles Russell Speechlys, Coronavirus
    Authors:
    Jessica Williams , Daniel Moore , Emma Humphreys
    Location:
    United Kingdom
    Firm:
    Charles Russell Speechlys
    Financial Regulation Weekly Bulletin - 24 June 2021
    2021-06-24

    Includes developments in relation to: ESG; CRR; COVID-19; IFPR; Basel III; Securitisation Regulation; LIBOR; and EMIR.

    Click on the headings below to access each section:

    General

    HEADLINES

    Filed under:
    European Union, United Kingdom, USA, Banking, Capital Markets, Company & Commercial, Competition & Antitrust, Environment & Climate Change, Insolvency & Restructuring, Litigation, Slaughter and May, Corporate governance, Climate change, Money laundering, ESG, Coronavirus, Financial Conduct Authority (UK), Bank of England, European Securities and Markets Authority, MiFID, UK Supreme Court
    Authors:
    Selmin Hakki
    Location:
    European Union, United Kingdom, USA
    Firm:
    Slaughter and May
    Challenges facing directors in the summer of 2021
    2021-06-25

    The pandemic has created a chaotic business environment in which it is has at times been practically impossible to make any definitive plans. Lockdown measures have changed regularly, legislation has been introduced and extended and the rules for conducting business (when it is even possible to trade) have varied across the UK and have at times been criticised by those most harshly effected as being arbitrary and unscientific. All of this has often happened at very short notice.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Tax, Morton Fraser MacRoberts, Value added tax, Coronavirus, HM Revenue and Customs (UK)
    Authors:
    Alan Meek
    Location:
    United Kingdom
    Firm:
    Morton Fraser MacRoberts
    The zone of insolvency - a guide for directors in Guernsey
    2021-06-23

    Fallout from the global pandemic continues to throw light on the responsibilities of directors in times of financial distress. This briefing examines those duties in greater detail, particularly in relation to Guernsey’s company law.

    Decisions, decisions

    Directors owe duties to the companies they serve and ordinarily discharge those duties with reference to the interests of the companies’ members as a whole.

    Filed under:
    Guernsey, United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Carey Olsen
    Authors:
    Tim Corfield , David Jones
    Location:
    Guernsey, United Kingdom
    Firm:
    Carey Olsen
    Further extension to Covid-related insolvency restrictions: practical implications for debtors and creditors
    2021-06-22

    Following a government announcement on 16 June, the Corporate Insolvency and Governance Act 2020 (Coronavirus) (Extension of the Relevant Period) (No. 2) Regulations 2021 (the Regulations) have been laid before Parliament, coming into force on 22 June.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Stevens & Bolton LLP, Coronavirus
    Authors:
    David Steinberg , Helen Martin , Markus Klempa
    Location:
    United Kingdom
    Firm:
    Stevens & Bolton LLP
    COVID-19 in the UK - certain temporary insolvency measures extended again
    2021-06-22

    On 16 June 2021, the UK government announced that:

    Filed under:
    United Kingdom, Insolvency & Restructuring, Taylor Wessing, Coronavirus
    Authors:
    Amy Patterson , Louise Jennings
    Location:
    United Kingdom
    Firm:
    Taylor Wessing

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