Following the UK government publishing the Corporate Insolvency and Governance Bill which sets out temporary changes to the UK Insolvency laws on wrongful trading (see here for further discussion) we have updated our guide on directors’ duties.… Continue Reading
The UK government has released its recovery strategy dealing with how the UK might move from lockdown to the “ new normal” enabling some businesses to re-open. The ability to begin rejuvenating businesses that have been mothballed for the past couple of months is good news but corporates should proceed with caution as they take … Continue Reading
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
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
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
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
Following changes announced to the CLBILS and CCFF please see our updated UK government financial support guide. Perhaps most notably borrowers under CLBILS will be able to borrow up to 25% of turnover (up to a maximum of £200 million). The changes help ensure large firms which do not qualify for the CCFF have enough … Continue Reading
The Insolvency Service has released statistics on the level of insolvencies in April 2020. This allows us to take a look at the immediate effect of insolvencies post-lockdown compared with those before.… Continue Reading
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
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
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
What should you do if another business (i.e. a supplier, customer or other contract counterparty) is suffering distress and may be considering filing for insolvency? This alert provides several “do’s” and “don’ts” to consider before and after insolvency and advises taking a proactive approach to dealing with distressed customers.… Continue Reading
Our employment colleagues have produced this helpful alert setting out the headline points of what unlocking a UK company means for UK employers.… Continue Reading
It is not entirely clear how the UK Coronavirus Job Retention Scheme operates in line with current UK insolvency legislation, although it is clear that administrators can use the scheme and furlough employees. We have produced an alert that answers some of the key questions for administrators looking at whether employees should be furloughed or … Continue Reading
In this alert, our employment colleagues answer some of the key legal questions for UK employers as business start to consider how people might get back to work.… Continue Reading
Organisations need to understand how they can prepare ahead of the UK government preparing to bring the country out of lockdown, while not necessarily knowing the timescales or details of how restrictions will be lifted, or in what order. We have prepared a quick guide to help UK businesses start to think about some of … Continue Reading
Further to our blog about measures announced by the Government to protect commercial tenants from “aggressive” rent collection strategies, the Government subsequently confirmed that the restrictions will apply (unless extended) from: 27 April 2020 to 30 June 2020 for presentation of winding-up petitions; and 1 March 2020 to 30 June 2020 for statutory demands. However, … Continue Reading
On Monday 4th May at 12pm BST, we are hosting a webinar to outline some of the issues and challenges businesses should consider when preparing to come out of lockdown, how different sectors might be impacted and what steps businesses should be taking to enable them to manage risk and the financial health of the … Continue Reading
The coronavirus (Covid-19) pandemic and the measures introduced by the UK government to halt the spread of the contagion have inflicted an unprecedented shock to the UK labour market. Social distancing and lockdown measures have resulted in many non-essential stores having to close temporarily and/or stop trading to minimise gatherings and the spread of the virus. The … Continue Reading
Our recent blog discussed the decision in Re Carluccio’s Limited (in administration) [2020] EWHC 88D (Ch) where the Court considered whether administrators would “adopt” the employment contracts of employees they furloughed after the 14 day grace period. More recently, in the case of Debenhams Retail Limited the Court had to consider the position of administrators … Continue Reading
In a statement to the House of Commons on 27 April 2020, the UK Chancellor of the Exchequer announced another loan scheme designed to support business to ‘bridge’ the economic disruption caused by the Covid-19 pandemic. Sitting alongside the CCFF, CLBILS and CBIL, the new scheme is targeted at the very smallest businesses that have … Continue Reading
Is there such a thing as an 80:20 rule? And if there is, is it there to be broken? Those questions surrounded the Government’s Coronavirus Business Interruption Loan Scheme (CBILS) last week. Frustration at the slow distribution of funding to SME UK via the scheme led to widespread calls for the Government to underwrite the … Continue Reading
At the end of March, the Government introduced measures providing a moratorium on evictions for commercial tenants for non-payment of rent until 30 June 2020. Although landlords were unable to evict tenants, there was no automatic rent holiday and tenants still remained liable to pay rent, which prompted many commercial discussions between landlords and tenants … Continue Reading
Boards are turning attention to life after lockdown. Businesses that ceased / slowed trading over the recent past are seeking the most efficient and effective paths to reactivation. Those paths will be navigated by reference to the amount and depth of scarring sustained by the business in lockdown and the shape of the new reality for … Continue Reading
