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    Sponsor Licences: Insolvency
    2023-01-27

    This is the third article in our series about sponsor licences. This article focuses on the effect of insolvency on a sponsor licence.

    Businesses are facing challenging times in the current economic downturn and insolvency is a real possibility for many, with 5,595 company insolvencies in the third quarter of 2022[1] alone.

    If a business is on the brink of insolvency this will potentially have an impact on any sponsorship licences held within the company group. But what are the implications of this and what does it mean for sponsored employees?

    Filed under:
    United Kingdom, Insolvency & Restructuring, Shoosmiths LLP
    Authors:
    Jessica Pearson , Amy Leech
    Location:
    United Kingdom
    Firm:
    Shoosmiths LLP
    What are the options for a business in distress?
    2023-01-23

    This article first appeared in Accountancy Daily on 20 January 2023.

    With supply chain problems, war in Europe and other issues leading to higher inflation and an increasingly uncertain economic outlook, this article explores the options available to companies experiencing financial distress.

    Filed under:
    European Union, United Kingdom, Company & Commercial, Insolvency & Restructuring, Mayer Brown, Supply chain, Companies Act 2006 (UK), Corporate Insolvency and Governance Act 2020
    Authors:
    Devi Shah , Christopher Street
    Location:
    European Union, United Kingdom
    Firm:
    Mayer Brown
    Even positive reforms can carry hidden risks -A potential limitation period “trap” in the UK’s Third Parties (Rights against Insurers) Act 2010
    2023-01-23

    At a time when, globally, insured businesses are under severe financial strain, the availability and extent of their insurance assets take on a new significance. It is significant not just for troubled businesses and their insurers, but also for third parties with potential or actual claims against those businesses.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Insurance, Litigation, Reed Smith LLP
    Authors:
    Mark Pring
    Location:
    United Kingdom
    Firm:
    Reed Smith LLP
    Defining fraud for the purpose of claiming compound interest
    2023-01-23

    Nicola Sharp of Rahman Ravelli considers a case that shows the courts’ reluctance to expand the jurisdiction of equity to award compound interest in common law claims.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, White Collar Crime, Rahman Ravelli, Liquidation, Limitation Act 1980 (UK)
    Authors:
    Nicola Sharp
    Location:
    United Kingdom
    Firm:
    Rahman Ravelli
    No loss in Quincecare duty case where wrongful payment discharges insolvent company's debt: the Supreme Court's decision in Stanford International Bank v HSBC
    2023-01-24

    A majority of the Supreme Court recently held that an insolvent company does not suffer any recoverable loss if payments are made from its bank accounts that discharge a debt owed by that company.  This decision adds to the growing case law on the Quincecare duty.

    The claim against HSBC

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Travers Smith LLP, HSBC, Court of Appeal (UK), UK Supreme Court
    Authors:
    Rosie Kós
    Location:
    United Kingdom
    Firm:
    Travers Smith LLP
    Opportunities for the Bold - A Guide to Buying From Administrators in the UK
    2023-01-19

    Economic indicators tell us 2023 is set to be a challenging year with many countries still struggling to recover from the cost of the pandemic, combined with the impacts of the war in Ukraine driving up energy and food costs globally along with inflation gripping most western nations.

    Filed under:
    United Kingdom, Corporate Finance/M&A, Employment & Labor, Insolvency & Restructuring, Eversheds Sutherland (International) LLP, Supply chain, Due diligence, Transfer of Undertakings (Protection of Employment) Regulations 2006 (UK)
    Authors:
    Andrew Jordan , David L Gray , Jenna Poulton , Allen
    Location:
    United Kingdom
    Firm:
    Eversheds Sutherland (International) LLP
    Tech companies, Future Fund investment and the prospect of insolvency - what company directors can do
    2023-01-19

    With the current economic difficulties affecting the tech sector, a number of companies who took Future Fund investment during the pandemic have been faced with the following realities:

    Filed under:
    United Kingdom, Insolvency & Restructuring, Fox Williams LLP, Supply chain, Company voluntary arrangement, Insolvency
    Authors:
    Paul Taylor , James Coulthard
    Location:
    United Kingdom
    Firm:
    Fox Williams LLP
    What is a Remediation Contribution Order?
    2023-01-20

    The First-tier Tribunal (FTT) has made what is understood to be the first Remediation Contribution Order under the Building Safety Act 2022 (BSA) in connection with the remediation of building safety defects at a high-rise residential block at 9 Sutton Court Road, in London.

    Filed under:
    United Kingdom, Construction, Insolvency & Restructuring, Real Estate, Gowling WLG, Mediation, Cladding, Landlord and Tenant Act 1985 (UK), Building Safety Act 2022 (UK)
    Authors:
    Sue Ryan , Rob Bridgman , Sean Garbutt , Emma Knight
    Location:
    United Kingdom
    Firm:
    Gowling WLG
    Early developments in 2023 for insolvency and asset recovery
    2023-01-20

    The latest insolvency statistics in the UK make for grim reading. Per the government’s official assessment, 1,964 corporate insolvencies took place in December 2022, 32% higher than in the same month in the previous year and 76% higher than the number registered three years previously pre-pandemic. With inflation and energy costs remaining high and government support rolling back, companies will be taking whatever steps they can to remain in business.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Stewarts, Coronavirus, Insolvency, Financial Conduct Authority (UK), Barclays
    Authors:
    Alex Jay , Tim Symes
    Location:
    United Kingdom
    Firm:
    Stewarts
    European leveraged loan restructurings: why the next downturn will be different
    2023-01-19

    Although the IMF recently announced at Davos that it would upgrade its global economic forecasts, with an improvement predicted in the later part of 2023 and into 2024, times remain difficult for many companies and their lenders – and are likely to remain so for a while yet.

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Tax, Hogan Lovells, Private equity, HM Revenue and Customs (UK), Corporate Insolvency and Governance Act 2020, National Security and Investment Act 2021 (UK)
    Authors:
    Tom Astle , Francis Booth , James Maltby , Margaret Kemp , Susan Whitehead
    Location:
    United Kingdom
    Firm:
    Hogan Lovells

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