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    More trouble for British High Street
    2018-04-04

    There is more trouble for the British High Street as Toys R Us and Maplins have both entered Administration. Toys R Us' remaining stores are due to close once stock is sold as the Administrators have been unable to find a buyer. Maplins' stores remain open for now and the Administrators are still looking to secure a buyer, but so far have been unsuccessful. New Look has announced it will be closing 60 stores, and Carpetright has announced plans to close poorly performing stores.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Ashfords LLP
    Authors:
    Alan Bennett
    Location:
    United Kingdom
    Firm:
    Ashfords LLP
    U.K. Government Publishes Guidance on Corporate Governance in Insolvency
    2018-04-05

    Following a number of corporate governance failures in situations of insolvency, the Government has published a consultation paper (located here) aimed at cracking down on directors and employers behaving irresponsibly.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Bryan Cave Leighton Paisner (Bryan Cave), Corporate governance
    Authors:
    Sophie Taylor
    Location:
    United Kingdom
    Firm:
    Bryan Cave Leighton Paisner (Bryan Cave)
    Tension over retention
    2018-04-06

    With so much news coverage, it is difficult to ignore the ‘Carillion effect’. It’s hard to see how anything good can have come from Carillion’s collapse, but perhaps one positive effect is its prompt to many businesses to take a look to see if they have their own house in order.

    Filed under:
    United Kingdom, Construction, Insolvency & Restructuring, Birketts LLP, Carillion
    Authors:
    Lawrence Pearce
    Location:
    United Kingdom
    Firm:
    Birketts LLP
    Main contractor insolvency - Paying the supply chain
    2018-04-06

    In January this year, construction giant Carillion entered into liquidation. In a sense its demise was sudden – the firm entered straight into liquidation rather than the more familiar administration procedure, meaning it had no meaningful assets that gave any prospect of the business, or any part of it, continuing as a going concern. But in another sense it was expected: a large failure of this type had been expected by industry watchers for some time.

    Filed under:
    United Kingdom, Construction, Insolvency & Restructuring, Litigation, Birketts LLP, Carillion
    Authors:
    Andrew Rush
    Location:
    United Kingdom
    Firm:
    Birketts LLP
    Maplin and Toys R Us insolvency reveals changing retail environment
    2018-04-06

    There is no such thing when you look at the demise of some of Britain’s biggest household names on the high street which have included BHS, Woolworths and Jessops. The latest to join the critical list are electronics retailers Maplin and Toys R Us.

    Electronics chain Maplin collapsed into insolvency on last month, making it the second retailer to succumb to a brutal winter for Britain’s consumer economy in the space of just over an hour. Graham Harris, who became chief executive only last month, said:

    Filed under:
    United Kingdom, Insolvency & Restructuring, Turner Parkinson LLP
    Location:
    United Kingdom
    Firm:
    Turner Parkinson LLP
    Directors’ fiduciary duties and the conversion of company property
    2018-04-09

    The Supreme Court has recently held that directors who have caused company property to be transferred to another company under their control may be liable to restore the proceeds even after expiry of the six-year limitation period.

    Mr and Mrs Fielding were directors and majority shareholders of Burnden Holdings (UK) Ltd ("BHUK"), a holding company with trading subsidiaries including Vital Energi Utilities Ltd ("Vital Energi").

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Ashfords LLP, Limitation Act 1980 (UK)
    Authors:
    Brendan Biggs
    Location:
    United Kingdom
    Firm:
    Ashfords LLP
    Government Launches Consultation on Insolvency and Corporate Governance
    2018-04-09

    Following on from a number of recent high profile corporate failures, the Government has issued a consultation focused on specific issues concerning companies which are insolvent or approaching insolvency.

    Below is a summary of the areas under consultation. The full consultation can be found here.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Howes Percival LLP, Corporate governance
    Location:
    United Kingdom
    Firm:
    Howes Percival LLP
    UK set to strengthen corporate governance of insolvent companies
    2018-04-10

    The UK’s corporate governance regime has been stress-tested in the past decade and in many respects it has done well. However, in response to certain high profile corporate collapses which have caused heavy losses for creditors, in particular individuals and suppliers with little opportunity to protect themselves against losses, and in the spirit of continual improvement, the government has recently launched its “Insolvency and Corporate Governance Consultation”.

    The consultation indicates that the government is considering changes in the law to address:

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Taylor Wessing, Corporate governance
    Authors:
    Nick Moser
    Location:
    United Kingdom
    Firm:
    Taylor Wessing
    Government consults on insolvency and corporate governance
    2018-03-23

    The Department for Business, Energy and Industrial Strategy (BEIS) has published a consultation on insolvency and corporate governance.

    The consultation is aimed primarily at improving corporate governance in firms that are in or approaching insolvency. However, it also puts forward proposals for improving the wider framework of corporate governance.

    The key proposals from the consultation are set out below.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Macfarlanes LLP
    Authors:
    John Dodsworth , Dominic Sedghi
    Location:
    United Kingdom
    Firm:
    Macfarlanes LLP
    From Across the Pond: The BHS Saga Continues - Can a Company Voluntary Arrangement (CVA) Ever Permanently Vary the Terms of a Lease?
    2018-03-26

    Article Summary:

    In Wright (and another) (as joint liquidators of SHB Realisations Ltd (formerly BHS Ltd) (in liquidation)) v Prudential Assurance Company Ltd, the court held that, when the BHS CVA terminated, the landlord was entitled to claim the full rent due under its lease. With more recent retail CVAs seeking to push the envelope even further, is the continued compromise of landlord creditors post-CVA the next issue to be tested in the courts?

    Filed under:
    United Kingdom, Insolvency & Restructuring, Bryan Cave Leighton Paisner (Bryan Cave), Liquidation
    Authors:
    Ben Jones , Simon Clarke , Sophie Taylor
    Location:
    United Kingdom
    Firm:
    Bryan Cave Leighton Paisner (Bryan Cave)

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