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    Room for manoeuvre for directors of UK companies? Corporate Insolvency and Governance Bill to temporarily modify wrongful trading liability
    2020-06-01

    The rapidly changing impact of COVID-19 on companies and the wider economy presents directors with the unenviable task of balancing the immediate need to secure the survival of their company against the longer-term implications for their stakeholders. In March, the UK Government announced that wrongful trading measures would be temporarily suspended to ease this pressure. The suspension measures are included in the Corporate Insolvency and Governance Bill, which introduces both temporary measures, such as this, and permanent and significant changes to UK insolvency law.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, DLA Piper, Coronavirus
    Location:
    United Kingdom
    Firm:
    DLA Piper
    Pimlico Plumbers judgment: What secured lenders need to know
    2018-07-20

    The UK Supreme Court recently handed down judgment in Pimlico Plumbers v Smith1, the latest decision on the hot topic of employment status in the “gig economy”, following the Deliveroo and CitySprint cases in 2017. The court dismissed Pimlico's appeal, holding that the employment tribunal was entitled to find that Mr Smith, who was engaged under a contract describing him as a self-employed plumber, was in fact a worker. He may now proceed with claims of disability discrimination and for unlawful deductions and holiday pay.

    Filed under:
    United Kingdom, Employment & Labor, Insolvency & Restructuring, Litigation, DLA Piper, Wage, Independent contractor, Employment tribunal, Unfair dismissal, Gig economy, National Minimum Wage Act 1998 (UK)
    Authors:
    Christopher Roberts , Rob Lyons
    Location:
    United Kingdom
    Firm:
    DLA Piper
    Pensions Round-Up October 2016
    2016-11-28

    Welcome to the latest edition of DLA Piper’s monthly newsletter – Pensions Round-Up – in which we provide an overview of developments in pension legislation, case law and regulatory guidance. In this edition we look at key developments from October 2016 including the following. ■ The Pensions Regulator: the publication of reports which look at cases concerning the power to declare scheme amendments void, failures to complete the scheme return, and the potential use of the Regulator’s anti-avoidance powers.

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Employment & Labor, Insolvency & Restructuring, Insurance, Litigation, Tax, DLA Piper, The Pensions Regulator, DWP
    Location:
    United Kingdom
    Firm:
    DLA Piper
    Challenges in the UK residential care home sector
    2014-12-18

    In the Q3 2014 edition of Global Insight, we discussed the merits of bankruptcy sales for distressed hospitals in the United States. In many ways, the challenges facing healthcare companies in America have been mirrored in the UK care home sector in recent years. Unlike the US, the majority of health service provision in the UK is via the publicly funded National Health Service. An exception exists however in the provision of residential care to the elderly which has seen large scale private sector involvement.

    CONSIDERABLE RISKS FOR PRIVATE INVESTORS

    Filed under:
    United Kingdom, Healthcare & Life Sciences, Insolvency & Restructuring, DLA Piper
    Authors:
    Robert Russell , Christopher Roberts
    Location:
    United Kingdom
    Firm:
    DLA Piper
    New Look CVA challenge dismissed by High court
    2021-05-19

    The restructuring market has been eagerly anticipating the judgments in the New Look and Regis CVA challenges. The New Look judgment was handed down on 10 May 2021 and the Regis Judgment followed on 17 May 2021. This article briefly sets out the issues in the New Look CVA challenge, the decision of Mr Justice Zacaroli and what this means for the future of CVAs.

    Overview of the New Look CVA Challenge

    The claim brought by the Applicants (a consortium of compromised landlords) can be summarised briefly under three heads of claim:

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, DLA Piper
    Authors:
    James Davison
    Location:
    United Kingdom
    Firm:
    DLA Piper
    UK Corporate Insolvency and Governance Act: Temporary restrictions on winding-up petitions and statutory demands
    2020-09-28

    On 23 April 2020, the UK Government announced that the use of statutory demands and winding-up petitions would be restricted to ‘safeguard the UK high street against aggressive debt recovery actions' during the COVID-19 pandemic.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, DLA Piper, Coronavirus
    Authors:
    Tim Dawson , Rowan Aspinwall
    Location:
    United Kingdom
    Firm:
    DLA Piper
    Schemes of Arrangement: Flexibility of the court to make order after the second court approval hearing to revive a Terminated Conditional Scheme
    2020-05-26

    On 22 May 2020, Justice Black of the Supreme Court of NSW issued judgment In the matter of Wollongong Coal Limited and In the matter of Jindal Steel & Power (Australia) Pty Ltd [2020] NSWSC 614. The judgment sets out his Honour’s reasoning for granting the orders sought in a largely unprecedented application to effectively ‘re-enliven’ two schemes of arrangement which automatically terminated prior to being completed.

    Filed under:
    Australia, United Kingdom, Capital Markets, Insolvency & Restructuring, Litigation, DLA Piper, Coronavirus, Australian Securities Exchange
    Authors:
    Amelia Kelly
    Location:
    Australia, United Kingdom
    Firm:
    DLA Piper
    Treasury publishes responses to call for evidence on implementation of problem debt breathing space scheme
    2018-06-20

    On 19 June 2018, the Treasury published its call for evidence response (Response) in respect of the government’s proposed 2017 manifesto pledge to introduce a ‘breathing space scheme’ for serious problem debt (Scheme).

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, DLA Piper, Debt
    Authors:
    Michael McKee
    Location:
    United Kingdom
    Firm:
    DLA Piper
    Trouble for tinsel town?
    2016-11-14

    Richard Obank comments on recent experience in handling the collapse of UK arthouse and indie film distributor Metrodome Group and the challenges facing film distributors generally.

    We acted on the pre-pack administration sale of Metrodome Group to 101 Films, which completed in August following a lengthy unsuccessful attempt by management to find a buyer.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Media & Entertainment, DLA Piper
    Authors:
    Richard Obank
    Location:
    United Kingdom
    Firm:
    DLA Piper
    UK legal highlights: 2014 and beyond
    2014-12-17

    UK LEGAL HIGHLIGHTS 2014 AND BEYOND Welcome to our 2014 edition of UK Legal Highlights. This publication is a reminder of some of the most important and significant developments DLA Piper reported in 2014, along with some forthcoming developments to look out for in 2015 and beyond.

    Filed under:
    United Kingdom, Banking, Capital Markets, Competition & Antitrust, Corporate Finance/M&A, Employment & Labor, Energy & Natural Resources, Insolvency & Restructuring, IT & Data Protection, Leisure & Tourism, Projects & Procurement, Public, Tax, White Collar Crime, DLA Piper, European Commissioner for Competition
    Location:
    United Kingdom
    Firm:
    DLA Piper

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