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    Experts in restructuring part 3 - Director Duties and Stakeholder Interests
    2021-06-10

    Expert input is critical to a successful restructuring. Obtaining proper independent expert input is vital, and this next article in our series focusses on managing director duties and stakeholder interests in a restructuring. The impact of Covid19 on businesses has been significant and severe.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Gilson Gray, Coronavirus
    Authors:
    Craig Darling
    Location:
    United Kingdom
    Firm:
    Gilson Gray
    Arbitration and bankruptcy/insolvency: what are the implications for claimants in arbitration when their respondents enter an insolvency process?
    2021-06-08

    The financial loss and the uncertainty caused by the pandemic continues to affect business globally, and an increase in corporate insolvency is widely anticipated. Arbitration is an effective dispute resolution mechanism, but a counterparty entering insolvency proceedings can be disruptive. We recently wrote about insolvency being one of the key trends in international arbitration in 2021.

    Filed under:
    United Kingdom, Arbitration & ADR, Insolvency & Restructuring, Freshfields Bruckhaus Deringer
    Authors:
    Miryam Farrelly , Kevin Whibley
    Location:
    United Kingdom
    Firm:
    Freshfields Bruckhaus Deringer
    Help, my buyer is insolvent! The unpaid seller's rights against the goods
    2021-06-08

    A series of high-profile insolvencies in 2020 caused by the coronavirus pandemic, oil price crash and allegations of fraudulent activity has brought to the forefront the question of a seller's rights over goods when they are in transit to an insolvent buyer. While the seller might have a claim in damages or for the price, such claims will be unsecured and therefore of little to no value against an insolvent buyer.

    Filed under:
    European Union, United Kingdom, Insolvency & Restructuring, Trade & Customs, Stephenson Harwood LLP, Coronavirus
    Authors:
    Emma Skakle , Jonathan Spearing
    Location:
    European Union, United Kingdom
    Firm:
    Stephenson Harwood LLP
    Bresco v lonsdale - a game changer for insolvency practitioners
    2021-06-09
    • The judgment in Bresco Electrical Services Limited (in liquidation) v Michael J Lonsdale (Electrical) Limited recognised that insolvent parties have an unfettered right to adjudicate.
    • In so doing the judgment opened the door for Insolvency Practitioners to use adjudication, or the threat of adjudication, to resolve disputes arising under construction contracts.

    PRIOR TO BRESCO

    Filed under:
    United Kingdom, Construction, Insolvency & Restructuring, Litigation, Addleshaw Goddard LLP
    Authors:
    Andy Bates
    Location:
    United Kingdom
    Firm:
    Addleshaw Goddard LLP
    Debt Respite Scheme - breathing space for tenants or hot air for landlords?
    2021-06-09

    The Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020 (the Regulations) came into effect on 4 May 2021. While the Regulations will provide residential tenants with additional procedural protection regarding rent arrears, they will be an unwelcome additional hurdle to landlords.

    What do the Regulations do?

    Filed under:
    United Kingdom, Insolvency & Restructuring, Real Estate, Taylor Wessing
    Authors:
    Stephen Burke
    Location:
    United Kingdom
    Firm:
    Taylor Wessing
    Landlords win victory in latest CVA challenge case
    2021-06-09

    In the latest High Court decision relating to Company Voluntary Arrangements in the UK, the judge held that the Regis hairdressing group CVA should be revoked on the basis that it favoured shareholders at the expense of landlord creditors

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Real Estate, Hogan Lovells
    Authors:
    Tim Reid
    Location:
    United Kingdom
    Firm:
    Hogan Lovells
    Fraud, Electronic Data Sources and Claims to Privilege in the United Kingdom—Lessons From Brian Glasgow v David Ames
    2023-02-07

    In Short

    The Situation: Insolvency officeholders increasingly find their investigations into a company's affairs frustrated by the comingling of records on a "group" server. Claims to privilege by other group entities (or even third parties) are then advanced as an obstacle to delivering company records to the officeholder, leading to expensive and logistically complex inspection and review processes that can be a burden on insolvent estates.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, White Collar Crime, Jones Day, Serious Fraud Office (UK), European Securities and Markets Authority
    Authors:
    Sion Richards , Barnaby C. Stueck , Dan T. Moss , Roger Dobson
    Location:
    United Kingdom
    Firm:
    Jones Day
    The Supreme Court has refused a debtor permission to appeal against a bankruptcy order in the case of Howell v Hughes & Hughes
    2023-02-06

    Mr and Mrs Hughes had granted a tenancy of a house to Mr Howell. He did not pay all of the rent and so they instructed Eleanor Solomon of Anthony Gold who issued possession proceedings. In September 2015 a possession order and money judgment were made against him. He did not satisfy the judgment debt and a bankruptcy petition was presented.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Anthony Gold, Bankruptcy
    Authors:
    Clifford Tibber
    Location:
    United Kingdom
    Firm:
    Anthony Gold
    Implications of the Sequana decision for Directors and their advisers
    2023-02-07

    The Supreme Court’s recent judgment in BTI 2014 LLC v Sequana SA [2022] UKSC 25 is a significant decision for the law of directors’ duties.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Insurance, Litigation, DAC Beachcroft, UK Supreme Court
    Authors:
    Joe Bannister , Pippa Ellis
    Location:
    United Kingdom
    Firm:
    DAC Beachcroft
    Restructuring proceedings in the post-Brexit era: what are the implications for Luxembourg?
    2023-02-05

    The effects of Brexit have had seismic consequences for all aspects of law, not just in the UK but in Europe more widely. This month we hear from four Loyens & Loeff team members specialising in insolvency and restructuring matters, who take a look at the corporate insolvency fallout for Luxembourg specifically. How have Schemes and restructuring plans been impacted by the UK’s exit from the EU, and what has it meant for enforceability of judgements?

    Filed under:
    European Union, Luxembourg, United Kingdom, Insolvency & Restructuring, Loyens & Loeff, Lugano Convention, Insolvency Regulation (1346/2000) (EU)
    Authors:
    Anne-Marie Nicolas , Michael Scott , Patrick Ferguson , Véronique Hoffeld
    Location:
    European Union, Luxembourg, United Kingdom
    Firm:
    Loyens & Loeff

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