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    The matrimonial home and agreeing a change in beneficial ownership - Court confirms importance of setting it out in writing
    2024-02-01

    Nilsson & Anor v Iqbal & Anor [2024] EWHC 49 (Ch) was an application by the joint trustees in bankruptcy of Mohammed Babar Iqbal for a declaration as to the beneficial ownership and an order for possession and sale of his former matrimonial home, Southview, Pollards Hill East in London. Mr Iqbal, the first respondent, did not appear to resist the trustees’ claim. The second respondent, Mrs Iqbal, did. She was his former wife under Islamic law.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Wedlake Bell, Beneficial ownership, International Criminal Court
    Authors:
    Sarah May
    Location:
    United Kingdom
    Firm:
    Wedlake Bell
    Court of Appeal Overturns Restructuring Plan Sanction and Looks at Cram Down
    2024-02-02

    On 23 January 2024, Snowden LJ handed down the Court of Appeal's judgment in the Adler Restructuring Plan case - AGPS Bondco plc - overturning the sanctioning of the Plan by the High Court in April 2023.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, A&O Shearman, Companies Act 2006 (UK), Corporate Insolvency and Governance Act 2020
    Authors:
    Michael Scargill , Paul Strecker , Maegen Morrison , Simon Burrows , Michael Mountain , Nick Withers , Richard Porter , Karla Dudek
    Location:
    United Kingdom
    Firm:
    A&O Shearman
    Does 2023 mark a turning point for UK corporate insolvencies?
    2024-01-31

    2023 marked the highest annual number of corporate insolvencies since 1993, according to figures released by The Insolvency Service this week. While creditors’ voluntary liquidations remained by far the most commonly used process, 2023 saw increases across all processes tracked by the Insolvency Service.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Freshfields Bruckhaus Deringer, Supply chain, Liquidation, Coronavirus, Insolvency, Insolvency Service (UK), Corporate Insolvency and Governance Act 2020
    Authors:
    Nicholas Cooper , Emma Gateaud , Katharina Crinson
    Location:
    United Kingdom
    Firm:
    Freshfields Bruckhaus Deringer
    (UK) Timing, disclosure and fairness: lessons from the Adler judgment
    2024-01-30

    On 23 January 2024, the Court of Appeal handed down its much anticipated judgment[1] on the appeal of the Adler restructuring plan pursuant to Part 26A of the Companies Act 2006 (“RP”), which was sanctioned by the High Court on 12 April 2023

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Companies Act 2006 (UK)
    Authors:
    Rebecca Terrace , Charlotte Møller
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    English Court of Appeal overturns Adler's restructuring plan
    2024-01-30

    On 23 January 2024, the Court of Appeal overturned the High Court's sanction of Adler Group's (Adler) restructuring plan (the Plan) (see our alert). This much anticipated judgment provides clarity on the court's discretion to sanction a plan where there are dissenting classes of creditors.

    Background

    The Plan envisaged:

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Taylor Wessing
    Authors:
    Amy Patterson , Kirsten Fulton-Fleming , Louise Jennings
    Location:
    United Kingdom
    Firm:
    Taylor Wessing
    Strategic Value Capital Solutions Master Fund LP
    2024-01-30

    Summary

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Wedlake Bell, Companies Act 2006 (UK), Corporate Insolvency and Governance Act 2020
    Authors:
    Ian Rees , Frances Coulson
    Location:
    United Kingdom
    Firm:
    Wedlake Bell
    Insolvency in the food and drink supply chain - managing the risk
    2024-01-31

    The latest quarterly figures from The Insolvency Service for Q4 of 2023, covering the period October to December, show that company insolvency volumes in England and Wales reached a 30-year high. 25,158 registered companies entered some form of insolvency in 2023. The food and drink sector has not been immune to this, and indeed has seen some of the biggest rises in insolvency as many businesses face significant financial challenges.

    Multiple headwinds

    Filed under:
    United Kingdom, Insolvency & Restructuring, Brodies LLP, Supply chain, Due diligence, Insolvency, Insolvency Service (UK)
    Authors:
    Nicky-Ray Watson
    Location:
    United Kingdom
    Firm:
    Brodies LLP
    Distressed Tenants and Landlords' Options
    2024-01-31

    First, the not-so-great news in figures:

    Filed under:
    United Kingdom, Insolvency & Restructuring, Real Estate, Reed Smith LLP, Liquidation
    Authors:
    Katherine A. Campbell
    Location:
    United Kingdom
    Firm:
    Reed Smith LLP
    Restructuring Plans heating up: A valuer’s perspective on current developments
    2024-01-26

    Friday January 26, 2024

    Financial Advisory Partner, Jim Davies, explores the recent developments in Restructuring Plans

    Financial Advisory Partner, Jim Davies, led the relevant alternative valuation analysis for four Restructuring Plans that were sanctioned by the High Court in 2023. Here, he explores recent developments in light of the Adler Restructuring Plan being overturned.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, FRP Advisory
    Location:
    United Kingdom
    Firm:
    FRP Advisory
    North Brewing Company administration: Breweries continue to feel the squeeze
    2024-01-26

    North Brewing Company, a Leeds-based brewery and bar-owner, has secured a sale out of administration that will ensure their future trading, having become the latest to issue a notice of intention to appoint administrators earlier this month.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Irwin Mitchell LLP
    Authors:
    Andrew Walker
    Location:
    United Kingdom
    Firm:
    Irwin Mitchell LLP

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