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    ISDA Master Agreement: When does an event of default cease to be 'continuing', and what is an 'arrangement'?
    2022-10-28

    The 11 October 50-page judgment of Hildyard J in The joint administrators of Lehman Brothers International (Europe) v FR Acquisitions Corporation (Europe) and JFB Firth Rixson will interest not only those who deal with ISDA Master Agreements (who may want to read the entire judgment), but also many lawyers and financial and commercial institutions. This is because the events of default which it had to consider, and especially the meaning of the word “continuing” in this context, are relevant to bonds, loans and various commercial contracts.

    Filed under:
    United Kingdom, Derivatives, Insolvency & Restructuring, Litigation, DLA Piper, International Swaps and Derivatives Association
    Authors:
    Mark Daley , Peter Manley
    Location:
    United Kingdom
    Firm:
    DLA Piper
    What does today's Sequana decision mean for directors?
    2022-10-05

    Background

    On 5 October 2022, the Supreme Court handed down its long-awaited judgment in BTI 2014 LLC v. Sequana S.A. [2022] UKSC 25 concerning the trigger point at which directors must have regard to the interests of creditors pursuant to s.172(3) of the Companies Act 2006 (the "creditors' interests duty").

    Filed under:
    European Union, United Kingdom, Insolvency & Restructuring, Litigation, Public, Dentons, Brexit, Supply chain, Coronavirus, Insolvency, UK Supreme Court
    Authors:
    Tessa Blank , Neil Griffiths , Luci Mitchell-Fry , Ian Fox , Celia Hayward , Richard Pallot-Cook
    Location:
    European Union, United Kingdom
    Firm:
    Dentons
    Can the Court Sanction a UK Restructuring Plan if the Company Does Not Consent to it?
    2023-02-22

    Following the sanctioning of the Good Box restructuring plan (RP) it seems the answer is yes. This might sound surprising to those familiar with schemes of arrangement, because that outcome is at odds with the long-standing decision in Re Savoy Hotels.

    For those less familiar with schemes and scheme case law, the court declined to sanction the Savoy scheme because the company did not approve it, consequently the judge found that the court had no jurisdiction to sanction it.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Squire Patton Boggs, HM Revenue and Customs (UK)
    Authors:
    Rachael Markham
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    Sequana: Directors' Duties in a Distressed Landscape
    2023-02-02

    In Short

    The Situation: Directors in England and Wales owe duties to the companies to which they are appointed (and may face personal liability for breaching such duties). Although the Companies Act 2006 obliges directors to maximise value for a company's shareholders, case law has suggested that directors should act in the interests of a company's creditors if a company becomes distressed.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Jones Day, Insolvency
    Authors:
    David Harding , Ben Larkin
    Location:
    United Kingdom
    Firm:
    Jones Day
    Key Lessons from UK National Security and Investment Regime's First Year
    2023-01-08

    Since the United Kingdom implemented the National Security and Investment Act in January 2022 ("NSI Regime"), there has been a significant increase in state intervention in, and review of, business transactions in the United Kingdom, including for international transactions involving targets with limited activities in the United Kingdom.

    Filed under:
    United Kingdom, Corporate Finance/M&A, Insolvency & Restructuring, Jones Day, Foreign direct investment, National Security and Investment Act 2021 (UK), Committee on Foreign Investment in the United States
    Location:
    United Kingdom
    Firm:
    Jones Day
    Significant insolvent trading decision in the UK Supreme Court - creditors' interests in the twilight zone
    2022-10-11

    The United Kingdom Supreme Court has just released an important insolvency judgment in BTI 2014 LLC v Sequana SA [2022] UKSC 25 (Sequana), which concerns when and the extent to which directors of a company must consider the interests of creditors.

    Filed under:
    New Zealand, United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Buddle Findlay, Insolvency, UK Supreme Court
    Authors:
    Scott Barker , Luke Sizer
    Location:
    New Zealand, United Kingdom
    Firm:
    Buddle Findlay
    Significant insolvent trading decision in the UK Supreme Court - creditors' interests in the twilight zone
    2022-10-11

    The United Kingdom Supreme Court has just released an important insolvency judgment in BTI 2014 LLC v Sequana SA [2022] UKSC 25 (Sequana), which concerns when and the extent to which directors of a company must consider the interests of creditors.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Buddle Findlay, Insolvency
    Authors:
    Scott Barker , Luke Sizer
    Location:
    United Kingdom
    Firm:
    Buddle Findlay
    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
    Location:
    United Kingdom
    Firm:
    Katten Muchin Rosenman LLP
    Horton v Henry [2014] – pensions and bankruptcy – appeal allowed
    2015-02-19

    Of general interest is the appeal in the case of Horton v Henry, on which we reported in our January 2015 update. In Horton, the High Court declined to follow a previous ruling, and decided that a bankrupt could not be compelled to access his pension savings to pay off creditors.

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Norton Rose Fulbright
    Authors:
    Peter Ford , Lesley Browning , Lesley Harrold
    Location:
    United Kingdom
    Firm:
    Norton Rose Fulbright
    Horton v Henry [2014] - High Court contradicts earlier case by ruling bankrupt cannot be required to draw pension to pay creditors
    2015-01-26

    Declining to follow a 2012 decision, the High Court has ruled that a bankrupt’s unexercised rights to draw his pension did not represent income to which he was entitled within the meaning of the Insolvency Act 1986, and so did not form part of the bankruptcy estate.

    Background

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Norton Rose Fulbright, Bankruptcy, Initial public offerings, Insolvency Act 1986 (UK)
    Authors:
    Peter Ford , Lesley Browning , Lesley Harrold
    Location:
    United Kingdom
    Firm:
    Norton Rose Fulbright

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