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    UK Special Insolvency Regime for Payment and Electronic Money Institutions prioritises return of customer funds
    2024-04-08

    A special administration regime for Payment and Electronic Money Institutions (PIs and EMIs) was established in The Payment and Electronic Money Institution Insolvency Regulations 2021 (the Regulations).

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Taylor Wessing, Insolvency, Financial Conduct Authority (UK)
    Authors:
    Kirsten Fulton-Fleming , Charlotte Witherington
    Location:
    United Kingdom
    Firm:
    Taylor Wessing
    UK Special Insolvency Regime for Payment and Electronic Money Institutions prioritises return of customer funds
    2024-04-08

    A special administration regime for Payment and Electronic Money Institutions (PIs and EMIs) was established in The Payment and Electronic Money Institution Insolvency Regulations 2021 (the Regulations).

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Taylor Wessing, Insolvency, Financial Conduct Authority (UK), HM Treasury (UK), Bank of England, Payment Systems Regulator (UK)
    Authors:
    Kirsten Fulton-Fleming , Charlotte Witherington
    Location:
    United Kingdom
    Firm:
    Taylor Wessing
    English Court approves Aggregate restructuring plan at second attempt
    2024-04-08

    On 4 March 2024, the High Court approved the amended restructuring plan (the Plan) of Project Lietzenburger Straße Holdco S.à.r.L (the Company) a Luxembourg incorporated company part of the German Aggregate Holdings Group, despite refusing to sanction its original plan.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Taylor Wessing
    Authors:
    Anneliese Amoah , Louise Jennings
    Location:
    United Kingdom
    Firm:
    Taylor Wessing
    Ireland v England examinerships and administrations
    2024-03-08

    Introduction

    The proud sporting nations of Ireland and England have for some time traded blows and bragging rights within the Six Nations Tournament as the two pre-eminent and consistent "Home Nations" rugby teams. While the two sides share some similarities in the rebuilding process following the World Cup in France 2023, ahead of this Saturday's clash, few can argue with Ireland's emphatic start to this year's tournament. England, however, can never be written off at Twickenham, so a potential blockbuster awaits!

    Filed under:
    Ireland, United Kingdom, England, Company & Commercial, Insolvency & Restructuring, Litigation, Dentons, Insolvency, Companies Act 2006 (UK)
    Authors:
    Gareth Steen , Gemma Freeman , Mark Price , Aaron McCarthy , Neil Griffiths
    Location:
    Ireland, United Kingdom
    Firm:
    Dentons
    English Court sanctions McDermott restructuring plan
    2024-03-07

    On 27 February 2024, the High Court sanctioned a restructuring plan (the Plan) proposed by CB&I UK Limited (CB&I), part of the global McDermott construction and engineering group (the Group). This is the first English restructuring plan to be approved after the Court of Appeal judgment in Adler (see our Alert) and follows the guidance in that case.

    Background

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Taylor Wessing
    Authors:
    Amy Patterson
    Location:
    United Kingdom
    Firm:
    Taylor Wessing
    Restructuring plans post-Adler: English court approves McDermott's restructuring plan, aggregate required to re-convene meeting
    2024-03-07

    McDermott restructuring plan approved amidst parallel settlement negotiations

    The English court has given the green light to the restructuring plan (the Plan) proposed by CB&I UK Limited, part of the McDermott Group, marking the first such approval since the Court of Appeal’s pivotal decision in the Adler case (see our previous update).

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Stevens & Bolton LLP
    Authors:
    David Steinberg , Helen Martin
    Location:
    United Kingdom
    Firm:
    Stevens & Bolton LLP
    Unfair prejudice petitions are subject to statutory limitation periods
    2024-03-07

    The Courts, practitioners and leading textbooks have always assumed that the Limitation Act 1980 (the Limitation Act) does not apply to claims for relief from unfair prejudice under section 994 of the Companies Act 2006 (the Companies Act).

    In THG Plc v Zedra Trust Company (Jersey) Limited [2024] EWCA Civ 158, the Court of Appeal examined the basis for that assumption and unanimously decided that:

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Macfarlanes LLP, Limitation Act 1980 (UK), Consumer Credit Act 1974 (UK), Companies Act 2006 (UK)
    Authors:
    Lois Horne , Dominic Sedghi , Joanna Constantis , Madeleine Brown
    Location:
    United Kingdom
    Firm:
    Macfarlanes LLP
    Recent changes to the special administration regime for water companies
    2024-03-07

    SUMMARY

    The UK government recently introduced legislation implementing changes to the special administration regime for regulated water companies (“WISAR”). The changes are designed to modernise the WISAR and to better align it with the special administration regimes for other systemically important sectors like energy supplies and investment banks.

    Filed under:
    United Kingdom, Insolvency & Restructuring, BCLP, Flood and Water Management Act 2010 (UK)
    Authors:
    Marc Trottier , Richard Obank , Colin Ashford , Mark Richards
    Location:
    United Kingdom
    Firm:
    BCLP
    Financial Services Dispute Quarterly Law Report - February 2024
    2024-03-11

    DLA Piper Hong Kong Financial Services Dispute Quarterly Law Report – February 2024 2 DLA PIPER HONG KONG FINANCIAL SERVICES DISPUTE QUARTERLY LAW REPORT – FEBRUARY 2024 Foreword Welcome to the second edition of the DLA Piper Hong Kong Financial Services Dispute Quarterly Law Report.

    Filed under:
    Hong Kong, United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, DLA Piper
    Location:
    Hong Kong, United Kingdom
    Firm:
    DLA Piper
    Members Voluntary Liquidation (MVL)- Update
    2024-03-12

    In recent months, there have been a few changes regarding MVLs, which we set out below as a helpful reminder to practitioners.

    Statements of Solvency

    Copies Only

    S89 of the Insolvency Act 1986 sets out the requirements for a statutory declaration of solvency where it is proposed that a company is wound up on a solvent basis.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Tax, Squire Patton Boggs
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs

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