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    The warning signs to learn from the failure of Thomas Cook
    2019-10-14

    Recently, the British Chamber of Commerce (BCC) warned that economic conditions are weakening and businesses are struggling, following a survey they have conducted of 6,600 companies employing 1.2 million workers. Their research found that domestic and export sales are falling, and services firms have seen a decrease in work in the three months to September. This has prompted fears that the UK’s economy may fall into recession.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Keystone Law, HM Revenue and Customs (UK)
    Authors:
    Stephen Young
    Location:
    United Kingdom
    Firm:
    Keystone Law
    The Truth about Dishonesty in Fraudulent Trading under English Law
    2019-10-15

    Summary

    Case:Pantiles Investments Ltd & Anor v Winckler [2019] EWHC 1298 (Ch)(23 May 2019)

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Tax, Trade & Customs, Morrison & Foerster LLP, HM Revenue and Customs (UK), Insolvency Act 1986 (UK)
    Authors:
    Howard Morris , Sonya L. Van de Graaff , Edward Downer
    Location:
    United Kingdom
    Firm:
    Morrison & Foerster LLP
    Company Voluntary Arrangements - A Successful Lease Restructuring Tool?
    2019-10-16

    In a recent case the High Court has addressed how Company Voluntary Arrangements affect landlords when balancing the needs of a commercial tenant to restructure its debts.

    In September 2019, Debenhams Retail Limited entered into a Company Voluntary Arrangement (CVA) with its creditors, with the aim of restructuring its debts. The CVA contained a number of provisions affecting Debenhams' landlords (themselves potentially creditors) in respect of its various department store leases.

    Filed under:
    United Kingdom, Insolvency & Restructuring, VWV
    Authors:
    Michelle Bendall
    Location:
    United Kingdom
    Firm:
    VWV
    Five Elements for Chinese Companies trading with UK counterparts
    2019-10-16

    Five Elements for Chinese Companies trading with UK counterparts Part 1: Gold

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, King & Wood Mallesons, Brexit, HM Revenue and Customs (UK)
    Location:
    United Kingdom
    Firm:
    King & Wood Mallesons
    Void payments under Section 127 Insolvency Act 1986 and change of position defence
    2019-09-30

    Section 127 of the Insolvency Act 1986 (“IA86”) says:

    (1) In a winding up by the court, any disposition of the company’s property, and any transfer of shares, or alteration in the status of the company’s members, made after the commencement of the winding up is, unless the court otherwise orders, void.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Wright Hassall LLP, Insolvency Act 1986 (UK)
    Authors:
    Caroline Benfield
    Location:
    United Kingdom
    Firm:
    Wright Hassall LLP
    Insolvency in the construction sector
    2019-09-30

    In the past five years, insolvency rates in the construction industry have increased more quickly than in other industries across the UK. This article considers the common causes of construction insolvency and how to protect your position if insolvency occurs.

    Recent trends

    Filed under:
    United Kingdom, Construction, Insolvency & Restructuring, Womble Bond Dickinson (UK) LLP
    Authors:
    Simon Lewis , Philippa Jones
    Location:
    United Kingdom
    Firm:
    Womble Bond Dickinson (UK) LLP
    Thomas Cook collapse—is court-ordered liquidation the new administration?
    2019-09-30

    Originally published on LexisLibrary and LexisPSL

    Restructuring & Insolvency analysis: Thomas Cook is the third large company to be wound up by the courts in 18 months, following British Steel and Carillion in 2018. Professor Andrew Keay, barrister at Kings Chambers, 9 Stone Buildings and Lincoln’s Inn and Professor of corporate and commercial Law at the University of Leeds, discusses why it entered liquidation rather than administration and how it will impact employees and customers of Thomas Cook.

    Original news

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, 9 Stone Buildings, Carillion
    Location:
    United Kingdom
    Firm:
    9 Stone Buildings
    Insolvency and farming: how to get it right when the the farmer gets it wrong
    2019-09-30

    Agriculture may be the (second?) oldest profession, but it is one that remains ever relevant to modern day life. Farmers are not only producing food, they are also environmental stewards through no other reason than they are the people literally on the ground and on the front line.

    Filed under:
    United Kingdom, Agriculture, Insolvency & Restructuring, Wright Hassall LLP, Brexit, Modern slavery
    Authors:
    Joel Woolf
    Location:
    United Kingdom
    Firm:
    Wright Hassall LLP
    Are landlords "unfairly prejudiced" by tenant CVAs?
    2019-09-30

    Retail Company Voluntary Arrangements (CVAs) are becoming an increasingly popular means of minimising liabilities and creating breathing space for tenants during a difficult trading environment on the High Street. Where does this leave landlords?

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Real Estate, Gowling WLG
    Authors:
    Şenay Nihat , Clive Chalkley
    Location:
    United Kingdom
    Firm:
    Gowling WLG
    Thomas Cook - the financial impact of failure beyond the holidaymakers
    2019-10-02

    Since the news of Thomas Cook’s demise a lot of focus has been on its travel customers. But beyond repatriating stranded holiday makers, the impact of large scale insolvencies such as Thomas Cook, Carillion and British Steel can be far reaching.

    Those relying on the likes of Thomas Cook for business may also face financial distress as the impact of its insolvency ripples down the supply chain. Potentially impacting suppliers of goods and services, those who relied on Thomas Cook’s business outside of the UK, employees and landlords.

    Filed under:
    United Kingdom, Employment & Labor, Insolvency & Restructuring, Squire Patton Boggs, Carillion
    Authors:
    Mark Prior
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs

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