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Questions and Answers for UK Corporates about the Corporate Insolvency and Governance Act

Following our webinar discussing the impact of the Corporate Insolvency and Governance Act 2020 for corporates, we have prepared a question and answer sheet addressing questions raised including: Does ipso facto apply to just UK contracts? Can a supplier still exercise set off rights if its customer enters into a moratorium? What should a supplier … Continue Reading

Quick Guides: Changes To UK Insolvency Laws

On 25 June 2020 the Corporate Insolvency and Governance Act received Royal Assent, making some of the biggest changes to UK insolvency laws in the last 30 years.   We have written several blogs covering the changes and how they help support distressed businesses, impact suppliers, lenders and other third parties and have tracked the changes … Continue Reading

UK Insolvency Law Changes – impact of House of Lords amendments to the “new” moratorium on secured lenders

The Corporate Insolvency and Governance Bill (the “Bill”) was published on 20 May 2020 and introduced a new debtor-in-possession moratorium to give companies breathing space in order to try to rescue the company as a going concern. The Bill went through the House of Commons on 3 June and passed through the House of Lords … Continue Reading

Further Measures to Protect UK Commercial Tenants

On Friday, 19 June 2020, the UK government announced that it would be extending existing measures to protect tenants from eviction over summer. In summary, the new measures include: Extending the moratorium on forfeiture from 30 June 2020 to 30 September 2020 Preventing landlords from exercising Commercial Rent Arrears Recovery (“CRAR”) unless they are owed … Continue Reading

Changes to the Coronavirus Job Retention Scheme and Next Steps Roadmap – Key Employment Law Milestones

The UK Government has issued new guidance on changes to the Coronavirus Job Retention Scheme (CJRS) from 1 July 2020. This should allow employers to plan their strategy in relation to staff for the coming months with a little more certainty. Under these new arrangements, employers will be able to bring furloughed staff back to … Continue Reading

Trade Credit Reinsurance Scheme – relief for UK Businesses

The UK Government have announced the implementation of the Trade Credit Reinsurance Scheme (TCRS), which will provide guarantees of up to £10 billion to Trade Credit Insurers in respect of business-to-business transactions. Trade Credit Insurance in the UK underwrites an estimated £350 billion of trading for more than 630,000 businesses each year. It insures suppliers … Continue Reading

UK Insolvency Law Changes – the “New” Moratorium and Other Stakeholders

As set out in the first blog in this series, the Corporate Insolvency and Governance Bill (the “Bill”) introduces a new debtor-in-possession moratorium to give companies breathing space in order to try to rescue the company as a going concern. The first blog outlined how the moratorium will work and the second blog focused on … Continue Reading

UK Insolvency Law Changes – the “New” Moratorium and Secured Lenders

As set out in the first blog in this series, the Corporate Insolvency and Governance Bill (the “Bill”) introduces a new debtor-in-possession moratorium to give companies breathing space in order to try to rescue the company as a going concern. The first blog outlined how the moratorium will work. This blog will focus on the … Continue Reading

The end of the end? New UK legislation will prevent suppliers from terminating contracts due to a customer becoming insolvent

The ability of suppliers to terminate contracts when a customer becomes insolvent is to be curtailed by the Government under plans published in the Corporate Insolvency and Governance Bill (the “Bill”). The Bill contains a suite of measures designed to help businesses both during and after the COVID-19 pandemic, several of which have been under … Continue Reading

UK Insolvency Law changes – What is the proposed new “moratorium”?

On 20 May 2020, the UK Government introduced the Corporate Insolvency and Governance Bill (the “Bill”) to the House of Commons. The Bill introduces a new debtor-in-possession moratorium to give companies breathing space in order to try to rescue the company as a going concern. The Bill is currently only in draft form and therefore … Continue Reading

Key Privacy Concerns Raised by UK “Back to Work” COVID-19 Safety Measures

On 10 May 2020, Prime Minister Boris Johnson informed businesses in England that, as part of the Government’s three-phase strategy for lifting the Coronavirus lockdown, employees that cannot work from home can, and should return to work from Wednesday 13 May 2020. This note from our Data Privacy and Cybersecurity team aims to provide practical … Continue Reading

Walking the Tightrope of Wrongful Trading: Temporary “Suspension” of Liability in the UK Corporate Insolvency and Governance Bill

On 20 May 2020, the UK Government introduced the Corporate Insolvency and Governance Bill (the “Bill”)  to the House of Commons. The aim of the Bill was temporarily to amend corporate insolvency laws to give companies the best possible chance of weathering the storm of the COVID-19 pandemic. One of the significant measures can be … Continue Reading

UK Government publishes bill outlining temporary restrictions on use of statutory demands and winding up petitions

The highly anticipated Corporate Insolvency and Governance Bill (the “Bill”) was introduced to the House of Commons yesterday on 20 May 2020. Its aims appear to be simple: safeguard companies and maximise their chances of survival thereby preserving jobs. Alongside many key measures, the Bill includes temporary provisions to restrict the use of statutory demands … Continue Reading

New UK Insolvency Laws offers support for businesses struggling with cash flow, but what else can lenders and others expect?

The UK Government published the Corporate Governance and Insolvency Bill on 20 May 2020. The legislation will be fast tracked and include both temporary and permanent changes to the UK insolvency legislation. The temporary measures, aimed at supporting businesses struggling with cash flow and facing distress due to COVID-19, include prohibitions on presentation of winding … Continue Reading

Has your business assessed whether it can un-lock? The results from our UK on-line tool suggest many have not

Our new on line “Unlocking the Lockdown” tool looks at the next steps that may need to be considered by businesses across the UK as the country slowly navigates out of lockdown. As of 18 May 2020, our team has communicated with over 200 businesses to see what their next steps are and have concluded … Continue Reading

Covid-19: CBILS and CLBILS – How Many More Hurdles for UK Private Equity?

On Tuesday, the Government announced new statistics showing that as at 10 May over £14 billion in loans and guarantees have been approved across the new Bounce Back Loan scheme, the Coronavirus Business Interruption Scheme (CBILS) and the Coronavirus Large Business Interruption Loan Scheme (CLBILS). This significant amount of Government support to British business, revealed … Continue Reading

Life After Lockdown: Preparing and Shaping UK Businesses

After 2 months of lockdown last Sunday the UK Prime Minister announced the conditional plan to get employees who cannot work from home back into the workplace and the framework within which the we may take tentative steps to increase societal connections. On Monday the UK Government published its 60-page Covid-19 Recovery Strategy dealing with … Continue Reading

The Statistics Paint A Bleak Future For UK Businesses

As the world remains in lockdown, the Coronavirus pandemic continues to affect almost every business, impacting profits, customer interaction and ultimately threatening the survival of many businesses. New studies have begun to show the impact of the national lockdown on the UK’s business community. The Opinium-Cebr Business Distress Tracker (the “Tracker”), created by the Centre … Continue Reading
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