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    (UK) What is misfeasance trading? What does this mean for directors and their advisors?
    2024-07-18

    For those that are that way inclined (which includes us at #SPBRestructuring!), the 500 plus page Wright v Chappell judgment which sets out the BHS wrongful trading claim against its former directors makes for an interesting read. It paints a colourful picture of the downfall of the BHS group, from the point that it was sold for £1 to its eventual demise into administration and then liquidation. You can make your own mind up about the characters involved, but the story is a sorry one, with creditors ultimately suffering the most.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Squire Patton Boggs
    Authors:
    Rachael Markham
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    Editor's note - 30 July 2024
    2024-07-30

    Welcome to the first issue of Insolvency Matters, our round-up of recent legal developments affecting insolvency and restructuring.

    Case round-up

    Filed under:
    European Union, Global, United Kingdom, Insolvency & Restructuring, Litigation, Public, Tax, Mishcon de Reya LLP, Blockchain, Cryptocurrency, HM Revenue and Customs (UK), Cross-Border Insolvency Regulations 2006 (UK), Economic Crime and Corporate Transparency Act 2023 (UK)
    Authors:
    Radford Goodman
    Location:
    European Union, Global, United Kingdom
    Firm:
    Mishcon de Reya LLP
    Directors' Duties Under English Law — How to Lead in Difficult Times
    2022-07-01

    Elon Musk recently said he has a "super bad feeling" about the economy, pithily declaring what most financial commentators have been predicting in more technical terms.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Katten Muchin Rosenman LLP, Coronavirus, UK Supreme Court
    Authors:
    Sonya Van de Graaff , Prav Reddy , Mark Johnson
    Location:
    United Kingdom
    Firm:
    Katten Muchin Rosenman LLP
    Directors' Duties Under English Law — How to Lead in Difficult Times
    2022-07-01

    Elon Musk recently said he has a "super bad feeling" about the economy, pithily declaring what most financial commentators have been predicting in more technical terms.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Katten Muchin Rosenman LLP, Coronavirus, UK Supreme Court
    Authors:
    Sonya Van de Graaff , Prav Reddy , Mark Johnson
    Location:
    United Kingdom
    Firm:
    Katten Muchin Rosenman LLP
    Administrators' legal tightrope: the UK Supreme Court rules on HR1 filing failures and criminal liability
    2023-11-10

    Background

    In R (on the application of Palmer) (Appellant) v. Northern Derbyshire Magistrates Court and another (Respondents), the Supreme Court held that an administrator appointed under the Insolvency Act 1986 (IA 1986) is not an "officer" of the insolvent company under section 194(3) of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA).

    Filed under:
    United Kingdom, Compliance Management, Employment & Labor, Insolvency & Restructuring, Litigation, Dentons, Insolvency Act 1986 (UK), Trade Union and Labour Relations (Consolidation) Act 1992 (UK), UK Supreme Court
    Authors:
    Victoria Albon
    Location:
    United Kingdom
    Firm:
    Dentons
    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
    Directors' Duties Under English Law — How to Lead in Difficult Times
    2022-07-01

    Elon Musk recently said he has a "super bad feeling" about the economy, pithily declaring what most financial commentators have been predicting in more technical terms.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Katten Muchin Rosenman LLP, Coronavirus, UK Supreme Court
    Authors:
    Sonya Van de Graaff , Prav Reddy , Mark Johnson
    Location:
    United Kingdom
    Firm:
    Katten Muchin Rosenman LLP
    Administrators' legal tightrope: the UK Supreme Court rules on HR1 filing failures and criminal liability
    2023-11-10

    Background

    In R (on the application of Palmer) (Appellant) v. Northern Derbyshire Magistrates Court and another (Respondents), the Supreme Court held that an administrator appointed under the Insolvency Act 1986 (IA 1986) is not an "officer" of the insolvent company under section 194(3) of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA).

    Filed under:
    United Kingdom, Compliance Management, Employment & Labor, Insolvency & Restructuring, Litigation, Dentons, Insolvency Act 1986 (UK), Trade Union and Labour Relations (Consolidation) Act 1992 (UK), UK Supreme Court
    Authors:
    Victoria Albon
    Location:
    United Kingdom
    Firm:
    Dentons
    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
    Directors' Duties Under English Law — How to Lead in Difficult Times
    2022-07-01

    Elon Musk recently said he has a "super bad feeling" about the economy, pithily declaring what most financial commentators have been predicting in more technical terms.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Katten Muchin Rosenman LLP, Coronavirus, UK Supreme Court
    Authors:
    Sonya Van de Graaff , Prav Reddy , Mark Johnson
    Location:
    United Kingdom
    Firm:
    Katten Muchin Rosenman LLP

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