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    To be or not to be insolvent?
    2015-03-09

    Kandola v Mirza Solicitors LLP [2015] EWHC 460 (Ch)

    A recent decision of HHJ Cooke in the Chancery Division of the High Court in Kandola v Mirza Solicitors LLP [2015] EWHC 460 (Ch) has provided some useful guidance on solicitors' duties to advise as to the risk of insolvency of the vendor when acting for purchasers in property transactions where deposits are held as agents for the vendor. It also provides guidance on solicitors' duties generally when advising on risks in transactions.

    The Facts

    Filed under:
    United Kingdom, Insolvency & Restructuring, Legal Practice, Litigation, Dentons, Solicitor, High Court of Justice
    Location:
    United Kingdom
    Firm:
    Dentons
    Insolvency events of default - lenders test the boundaries
    2013-07-09

    The insolvency of the borrower is a standard event of default in facility agreements. As well as covering the borrower's cash flow insolvency, these clauses also often cover other, earlier signs of distress. Two recent cases have seen lenders try to exploit these outer reaches of their insolvency event of default clauses. Hayley Çapani and Adam Pierce explain why these cases are significant for parties negotiating new deals, and for lenders considering their enforcement options on existing deals.

    Negotiations with creditors for rescheduling

    Filed under:
    United Kingdom, Insolvency & Restructuring, Dentons, Debtor, Balance sheet, Cashflow, Default (finance)
    Authors:
    Hayley Çapani , Adam Pierce
    Location:
    United Kingdom
    Firm:
    Dentons
    Firm enters Special Administration
    2012-03-23

    WorldSpreads Limited has become the third firm to enter into the Special Administration Regime. The firm, a spread betting company, entered into the regime following the discovery of accounting irregularities which led to a finding that the firm could not continue in business. (Source: Firm Enters Special Administration)

    Filed under:
    United Kingdom, Banking, Capital Markets, Insolvency & Restructuring, Dentons
    Authors:
    Josie Day
    Location:
    United Kingdom
    Firm:
    Dentons
    Financial restructurings of foreign companies through English schemes of arrangement
    2011-07-20

    Lending to a foreign company? If you choose English law to govern your facility documents and provide for the English court to have exclusive jurisdiction, an English scheme may be a viable means of restructuring the debt later, if the need arises.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Dentons, Conflict of laws, Debt, Liquidation, Voting, Exclusive jurisdiction, Secured loan, Constitutional amendment, Insolvency Act 1986 (UK), European Commission
    Authors:
    Susan Moore
    Location:
    United Kingdom
    Firm:
    Dentons
    FMLC responds on investment banking insolvency
    2010-04-09

    FMLC has responded on aspects of Treasury’s consultations on resolution of investment banks. The paper’s main recommendations include:

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Dentons, Security (finance), Investment banking, Liability (financial accounting), Companies Act, HM Treasury (UK)
    Location:
    United Kingdom
    Firm:
    Dentons
    US court considers Pensions Regulator's powers
    2008-11-06

    The US Court has approved a bankruptcy settlement under which a US-listed parent company is liable for the buy-out deficits in its UK subsidiary's pension schemes. Key to the court's considerations was the issue of Financial Support Directions (FSDs) by the UK Pensions Regulator against the US parent company.

    The court decided that:

    Filed under:
    United Kingdom, USA, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Dentons, Bankruptcy, Debt, Parent company, Buyout, The Pensions Regulator
    Location:
    United Kingdom, USA
    Firm:
    Dentons
    An introduction to English insolvency procedures (and practical action to take)
    2020-10-29

    The stringent regulations introduced to avoid the spread of the Coronavirus (COVID-19) pandemic caused widespread disruption across UK sites. The consequent commercial challenges were too great for some businesses − despite government measures to help those facing financial difficulty. Inevitably, insolvencies followed.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Dentons, Coronavirus
    Location:
    United Kingdom
    Firm:
    Dentons
    How would proposed changes to the UK's airline insolvency regime affect aircraft financiers and lessors?
    2019-07-11

    Background

    Filed under:
    European Union, United Kingdom, Aviation, Insolvency & Restructuring, Public, Dentons, Brexit
    Authors:
    Alexander Hewitt
    Location:
    European Union, United Kingdom
    Firm:
    Dentons
    Government's latest plans to reform the Corporate Insolvency Framework: what's hot and what's not?
    2016-12-06

    On 23 September the Insolvency Service published responses to its "Review of the Corporate Insolvency Framework consultation" which in May had suggested four key changes to the UK’s corporate insolvency regime:

    Filed under:
    European Union, United Kingdom, Insolvency & Restructuring, Public, Dentons
    Location:
    European Union, United Kingdom
    Firm:
    Dentons
    Helicopters, UK Cape Town ratification and English insolvency law - best leave well alone?
    2015-02-16

    The UK is to ratify the Cape Town Convention and its Aircraft Protocol (together, Cape Town). This may help UK aircraft operators access cheaper capital markets funding. But that cheaper funding may require the UK, in effect, to adopt Cape Town's "Alternative A" insolvency regime. Section 1110, US Bankruptcy Code (on which Alternative A is based) has worked well in US airline restructurings. But Alternative A may not mesh well with English insolvency law. Will Alternative A hamper restructurings of UK operators of helicopters and other aircraft?

    Filed under:
    United Kingdom, Aviation, Insolvency & Restructuring, Dentons
    Location:
    United Kingdom
    Firm:
    Dentons

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