In Wonop ApS v Jagger (as joint administrator of FAI Realisations 2024 Ltd) [2026] EWHC 362 (Ch) the High Court was required to consider the effect of filing a notice under paragraph 84(4) of Schedule B1 to the Insolvency Act 1986 – specifically, whether the registration of such a notice operates automatically to bring an … Continue Reading
The powers of provisional liquidators are generally as set out in the order appointing them. In longer running provisional liquidations, this can lead to multiple trips to court by the provisional liquidators to extend or confirm powers. In Re Versilia Solutions Limited[1] the High Court considered the scope of provisional liquidators’ powers in circumstances where, … Continue Reading
The recent High Court decision in Maher and another v Investalet Ltd [2025] EWHC 3133 (Ch) serves as a critical reminder for insolvency practitioners about the importance of choosing the correct procedural route when seeking possession of property. It is an important case for insolvency practitioners dealing with intermediate landlords and unauthorised occupiers. In this … Continue Reading
The High Court has dismissed the liquidators’ appeal in Webb & another (as joint liquidators of Eversholt Rail (365) Ltd (in liquidation) v another company [2026] EWHC 101 (Ch), reaffirming that requests for information under section 235 and 236 of the Insolvency Act 1986 must be reasonable. Sections 235 and 236 enable officeholders to uncover … Continue Reading
The recent decision in CDI Realisations Limited is a short one, but it sits against a much longer-running debate about creditor consent for administration extensions and, in particular, when creditor status should be assessed for these purposes. While the facts of CDI are relatively straightforward, the decision is a useful addition to the growing body … Continue Reading
When a business runs into financial difficulties and proposes a Company Voluntary Arrangement (“CVA”), landlords, insolvency practitioners and local authorities can disagree about who should pick up the bill for business rates on empty leasehold premises – the landlord, or the company in CVA?… Continue Reading
When a company enters administration, the administrators must set out proposals explaining how they intend to achieve the purpose of the administration, but what happens when creditors refuse to approve those proposals? A recent decision in Re PPE Medpro Limited (in Administration) [2025] EWHC 3449 (Ch) (“PPE Medpro”) provides important clarification. The Statutory Framework … Continue Reading
In a world where it is much more common to send someone a text, a WhatsApp message, email or other electronic communication, than type a letter or put pen to paper, the Court does find itself now and again considering how the digital ways of communicating interact with laws that were introduced way before the … Continue Reading
Following our previous blog Revolution Bars: When is a meeting really a meeting?” Mr Justice Hildyard has, in Re Argo Blockchain Plc[1], affirmed the position that a creditor can only approve a restructuring plan (“RP”) if at least 75% in value of a class of creditors, present and voting either in person or by proxy … Continue Reading
The Employment Appeal Tribunal (EAT)[1] upheld an employment tribunal’s decision that the claimant, Mr Chaudhry, could not recover a basic award for unfair dismissal following their employer’s insolvency unless an employment tribunal had determined the claim and made an award. Why is this relevant to administrators? Because for an employee to bring a claim the … Continue Reading
At the beginning of 2025 we shared our predictions on what we expected to see in the R&I market over the course of the year. How did we do? … Continue Reading
Despite meeting statutory jurisdictional requirements under Part 26A of the Companies Act 2006, the High Court declined to exercise its discretion in favour of sanctioning Waldorf Production UK Plc’s restructuring plan in August 2025due to concerns about fair allocation of value and lack of meaningful engagement with unsecured creditors. Waldorf then sought and was granted … Continue Reading
On insolvency, the pari passu principle applies, meaning unsecured creditors rank equally in the distribution of available assets. That principle helps explain why a creditor who has obtained a judgment debt but has not completed enforcement (for instance by obtaining a final charging order) will usually be barred from doing so once insolvency intervenes. A … Continue Reading
For reasons explained in this blog, they did not in the case of Conway and others v Plass and others [2025] EWHC 2625 (Ch) but there could be situations where it might. In Conway and others v Plass and others, the High Court has provided guidance on when contract liabilities incurred by administrators will be … Continue Reading
In Re Petrofac Ltd [2025] EWHC 2887 (Ch), the English High Court made an administration order in relation to a Jersey-incorporated company even though its registered office was not in England which is the starting point for determining COMI and therefore the Court’s jurisdiction to make such an order. Background Petrofac Limited (the Company) is the … Continue Reading
In a first, the Pensions Regulator (TPR) has exercised its anti-avoidance powers under section 47 of the Pensions Act 2004 (PA04). While it has issued contribution notices (CN) under section 38 of the PA04 on several occasions, this is the first time TPR used its section 47 powers issuing a CN in respect of a … Continue Reading
As practitioners will know, when dealing with a sale of an insolvent business they will have to consider whether the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) applies. TUPE applies to transfers of businesses or undertakings (or parts of them). If there has been a relevant transfer under regulation 3 of TUPE, then … Continue Reading
In a judgment of 9 July 2025 the Landgericht Frankfurt am Main (District Court of Frankfurt am Main) held (case 2-12 O 239/24) that a Part 26A plan sanctioned by the English High Court is not enforceable in Germany and that accordingly the affected German dissenting lender was entitled to sue the plan company, i.e. … Continue Reading
The High Court has recently provided clarity on whether liquidators, or the firms supporting them, can limit their liability when acting in a Members’ Voluntary Liquidation (MVL). The case of Pagden[1] confirms that while firms supporting liquidators may be able to limit liability in certain circumstances, liquidators themselves cannot.… Continue Reading
New guidance is the latest in a move to iron out the practical wrinkles from Part 26 and 26A of the Companies Act 2006. On 18 September 2025, the Chancellor of the High Court published a revised Practice Statement regarding Schemes of Arrangement and Restructuring Plans (the “Practice Statement”). This follows a consultation on a … Continue Reading
The ability to cram down dissenting creditors in a Restructuring Plan (RP) is a helpful tool to ensure that a proposed restructuring is not derailed. But ultimately the power rests with the court in deciding whether to cram down an RP on dissenting creditors.… Continue Reading
In the High Court decision of Pagden v Ridgley [2025] EWHC 2674 (Ch), Mr Justice Foxton considered an appeal from a decision by ICC Judge Greenwood, who previously dismissed a challenge to the fees charged by an administrator for selling land subject to a fixed charge.… Continue Reading
On 8 October 2025, the Court approved a significant milestone in the long-running insolvency proceedings of Lehman Brothers International (Europe) (LBIE). After 17 years in administration, the Court granted an order terminating the administrators’ appointments and paving the way for LBIE to enter a members’ voluntary liquidation (MVL).… Continue Reading
The High Court has refused to use its discretion to sanction a restructuring plan proposed by Waldorf Production UK Plc (Waldorf or the Company) which entailed a cramdown of the company’s unsecured creditors pursuant to Part 26A of the Companies Act 2006. Background Waldorf (and its wider group) are engaged in the exploration and production … Continue Reading
