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    Court of Appeal guidance on challenging the validity of an IVA under section 262: Nirandas-Girdhar v Bradstock [2016] EWCA Civ 88
    2016-02-18

    Section 262(1) of the IA 1986 provides that a debtor, creditor or nominee may apply to the court where: (a) a voluntary arrangement approved by a creditors’ meeting summoned under section 257 unfairly prejudices the interests of a creditor of the debtor, or (b) there has been some material irregularity at or in relation to such a meeting. 

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Gatehouse Chambers, Debtor, Insolvency Act 1986 (UK)
    Authors:
    Aileen McErlean
    Location:
    United Kingdom
    Firm:
    Gatehouse Chambers
    To Sue or Not to Sue - Part 2
    2016-02-19

    Welcome to the second article in this amazing series which looks at what you can do to try to extract money from a stubborn business debtor.

    In the first article I looked at the potential benefits and detriments of issuing a County Court Claim.  This time I will take a step back and look at what you could do prior to going to Court with your completed forms and a large cheque for the ever-growing Court fee. You can read this article here.

    Filed under:
    United Kingdom, Insolvency & Restructuring, SE Solicitors, Debtor
    Location:
    United Kingdom
    Firm:
    SE Solicitors
    TUPE to the rescue? Decision to appoint provisional liquidator might fall within the insolvency exemption
    2016-02-22

    In order to promote a "rescue culture", TUPE says that where the transferring business is the subject of bankruptcy or insolvency proceedings instituted "with a view to the liquidation of the assets of the transferor", the employees will not transfer and any dismissals connected with the transfer are not automatically unfair.

    Filed under:
    United Kingdom, Employment & Labor, Insolvency & Restructuring, Litigation, Hogan Lovells, Transfer of Undertakings (Protection of Employment) Regulations 2006 (UK)
    Location:
    United Kingdom
    Firm:
    Hogan Lovells
    South West hospitality businesses at risk while agriculture goes from strength to strength
    2016-02-24

    Over a third of South West pubs (33%) and restaurants (38.4%) are at heightened risk of insolvency in the next 12 months, according to research by R3, the insolvency trade body.

    However, agricultural businesses in the South West have demonstrated increased strength since this time last year with 17% of business at risk, representing a 9.6% decrease in the proportion since February 2015.  

    Alan Bennett, Chair of R3 in the South West and Partner at Ashfords LLP, comments:

    Filed under:
    United Kingdom, Insolvency & Restructuring, Leisure & Tourism, Ashfords LLP
    Authors:
    Alan Bennett
    Location:
    United Kingdom
    Firm:
    Ashfords LLP
    Wrongful Trading - IPs Need to Demonstrate an Increase in Net Deficiency for a Successful Claim
    2016-02-25

    Directors of a company are subject to certain duties under the Companies Act 2006. These duties are of obvious importance throughout their service as a director but some of them become particularly important during the period leading up to the insolvency of the company.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Squire Patton Boggs, Companies Act 2006 (UK)
    Authors:
    Gemma Whale , Devinder Singh
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    Finance Litigation & Regulatory Update - 26 February 2016
    2016-02-26

    Litigation

    A referral to the financial list!

    In GSO Credit v Barclays Bank plc, the Commercial Court has given guidance on the interpretation of terms in, but not directly defined by, standard Loan Market Association (LMA) documentation which was used in the context of secondary trading of a commitment under a surety bonds facility.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Litigation, White Collar Crime, Addleshaw Goddard LLP
    Authors:
    Chris Brennan , Richard Clayton
    Location:
    United Kingdom
    Firm:
    Addleshaw Goddard LLP
    Redundancies in Insolvent Businesses: A Warning for Employers
    2016-02-09

    When a company is facing financial difficulties, the Directors of that company should be aware to the procedures that must be followed in relation to redundancies in order to avoid prosecution.

    Filed under:
    United Kingdom, Employment & Labor, Insolvency & Restructuring, Litigation, Ashfords LLP
    Authors:
    Charles Pallot
    Location:
    United Kingdom
    Firm:
    Ashfords LLP
    In Focus - Real Estate Dispute Resolution - A balanced view
    2016-02-09

    A balanced view A quarterly update from our Real Estate Dispute Resolution team Winter/ Spring 2015/2016 Real Estate Dispute Resolution Issue 12 Contents Welcome to the Winter 2015/2016 edition of Eversheds In Focus. Since our Autumn 2015 edition, the Courts have considered a number of important cases on issues ranging from break options, the legitimacy of controversial rates avoidance schemes, relief from forfeiture, specific performance of contractual obligations and what constitutes a penalty payment.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Real Estate, Eversheds Sutherland (International) LLP
    Location:
    United Kingdom
    Firm:
    Eversheds Sutherland (International) LLP
    Section 236, extra-territorial effect and a way forward following Re MF Global UK Ltd and Re Omni Trustees Ltd
    2016-02-10

    The recent decisions in Re MF Global UK Ltd and Re Omni Trustees Ltd give conflicting views as to whether section 236 of the Insolvency Act 1986 has extra-territorial effect. In this article, we look at the reasoning in the two judgments and discuss a possible further argument for extra-territorial effect.

    The conflicting rulings on section 236

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Extraterritoriality, Insolvency Act 1986 (UK)
    Authors:
    Mark Lawford , Lindsay Merritt
    Location:
    United Kingdom
    Firm:
    Weil Gotshal & Manges LLP
    Duties and Liabilities of Directors in the United Arab Emirates
    2016-02-10

    The duties and obligations of directors in the United Arab Emirates (UAE) are drawn from various legislative sources, there is no consolidated legislative framework dealing with the duties and obligations of directors under UAE Law. Note that under UAE law the terms “manager” and “director” are used interchangeably. As such, any reference in this memorandum to the foregoing terms should be construed as one and the same, where possible we have used the generic term “director” to avoid potential confusion.

    Applicable Law 

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Private Client & Offshore Services, Squire Patton Boggs
    Authors:
    Douglas G. Smith , Mark J. Gilligan
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs

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