Mondaq UK: Insolvency/Bankruptcy/Re-structuring
Shearman & Sterling LLP
On September 12, 2018, HM Treasury published a consultation on the U.K. Government's proposed approach to implementing the EU Bank Creditor Hierarchy Directive ...
Morrison & Foerster LLP
The U.K. Supreme Court has closed off a challenge to the restructuring of Banco Espirito Santo (BES) under English law. Through an emergency liquidity facility creditors ...
Herbert Smith Freehills
The Court of Appeal has overturned a High Court decision granting a non-party costs order against an insolvent company's director and majority shareholder.
Carson McDowell
In recent weeks and months it has been larger household names that have been in the news with their finances under the scrutiny of the news and media.
Clyde & Co
The Court of Justice for the European Union has ruled that Pension Protection Fund compensation cap breaches the EU Insolvency Directive.
Herbert Smith Freehills
The victim need only show that the purpose of defrauding creditors was a purpose, not the only purpose or even the dominant purpose.
Gowling WLG
The Technology and Construction Court (TCC) has delivered a significant judgment in Michael J Lonsdale (Electrical) Ltd v Bresco Electrical Services Ltd (in liquidation) [2018] EWHC 2043 (TCC)
Hogan Lovells
Hogan Lovells' London restructuring team led by partner Tom Astle assisted our clients, lenders of a €1.06bn priority funding loan, with distressed Croatian retail giant Agrokor's proposed restructuring settlement plan ...
MJ Hudson
Most contractual remedies available to Junior Creditors appear reactive in nature, in that they rely on the ability to take action, as permitted by the terms of the relevant credit documents.
MJ Hudson
Depending on what type of restructuring is contemplated and the facts and circumstances of the case, there may be rights and remedies available to Junior Creditors in addition to contractual rights...
MJ Hudson
It is a fundamental valuation principle that the value of any entity is equal to the present value of future cashflows.
Gowling WLG
In the case of Absolute Living Developments Ltd (in liquidation) v DS7 Ltd & Others (2018) the Chancery Court held that it was not appropriate to make an order for security for costs...
Dentons
In Davey v. Money & Anor [2018] EWHC 766 (Ch) the owner of a company in administration alleged that the company's main asset, a commercial property, had been sold at an undervalue by the administrators, ...
Bell Lax Solicitors
Debtors will now have 30 days to respond to a Letter of Claim.
Gowling WLG
The new housing administration regime for registered providers of social housing is now in force. Our latest Insight introduces the new legislation and highlights some of the key ways ...
Reed Smith (Worldwide)
Former world number one and three-time Wimbledon champion Boris Becker, who was declared bankrupt by an order dated 21 June 2017, is claiming diplomatic immunity against ongoing bankruptcy...
Reed Smith (Worldwide)
These are just a few of the big high street names which have sought to compromise their obligations to creditors in recent months via a company voluntary arrangement (CVA).
Ferguson Litigation Funding Ltd
On 11 April 2018 the government published a discussion paper in which it seeks views on how to tackle tax payers who seek to avoid or evade their tax liabilities through the misuse...
Gowling WLG
A decision of the Chancery Court which confirms the rule against contractual penalties will not apply to the terms of a company's own voluntary arrangement ...
Gowling WLG
When one party to a construction contract has become insolvent, there are a number of options open to its counterparty. The best course of action will depend upon the specific circumstances.
Most Popular Recent Articles
Gowling WLG
The Financial Conduct Authority (FCA) has a very broad range of regulatory responsibilities. It regulates around 58,000 firms ...
Brodies LLP
Brexit was specifically mentioned as a factor behind the Liberty restructuring.
Mayer Brown
A bank was asked to provide a credit reference in respect of a customer.
Mayer Brown
In Nori Holdings Ltd v Bank Otkritie Financial Corporation, the English Commercial Court considered whether to grant an anti-suit injunction to restrain proceedings brought in Cyprus and Russia...
Herbert Smith Freehills
The Court of Appeal has overturned a High Court decision granting a non-party costs order against an insolvent company's director and majority shareholder.
Shearman & Sterling LLP
On September 12, 2018, HM Treasury published a consultation on the U.K. Government's proposed approach to implementing the EU Bank Creditor Hierarchy Directive ...
Hogan Lovells
Many investors have voiced concerns in recent months that loan documentation terms havebecome so flexible in favour of sponsor-backed borrowers that they may lack key lender protections.
Carson McDowell
In recent weeks and months it has been larger household names that have been in the news with their finances under the scrutiny of the news and media.
Gowling WLG
In the second of our mini-series on insolvency in construction, we consider what you need to do when you find out that the party you are in contract with has become (or is about to become) insolvent.
Gowling WLG
A decision of the Chancery Court which confirms the rule against contractual penalties will not apply to the terms of a company's own voluntary arrangement ...
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