Our Restructuring & Insolvency team publishes a variety of materials throughout the year on a broad range of issues. Below is a selection of our most highly regarded and topical content.
Directors and Professionals
Our UK quick guides provide an easy way for directors and professionals to navigate current legal and topical issues:
- Common Signs of Business Stress and Distress – This alert explains the differences between business stress and distress, identifying common signs to look out for.
- Assessing Your Business Viability and Director Risk Guide – Our quick guide is to help organisations focus on key issues that impact viability and sustainability.
- Directors’ Duties – A comprehensive overview of directors’ duties and consideration of duties in a business distress scenario.
- De-Risking Your Supply Chain – This alert highlights potential pinch points in a supply chain and sets out options to de-risk them. See also our short form take away version.
- How to Identify Distress in Your UK Business and Companies You Do Business With – Identifying distress in your own business or those that you do business with is vital to ensuring its financial health. The purpose of this guide is to help directors identify distress early.
- How Much Support Can Your Business Expect from HMRC? – This alert considers HMRC’s approach to tax collection and explains the practical steps that business owners can and should be taking.
- Secondary and Personal Tax Liability of UK Directors and Other Officers – This guide sets out the main circumstances in which directors and other officers can be held to be personally liable for company tax.
- Rent Negotiation – This alert considers the Code of Practice governing rent negotiation.
UK Insolvency Practitioners and Other Professionals
- Assignment of Office Holder Claims – This alert addresses what office holders need to take into account, when deciding who to assign an insolvency claim to.
- Pre-Pack Sales to Connected Parties – This alert answers key questions for administrators and purchasers in connection with the sale of a business in administration to a connected party.
- Ipso Facto and Termination of Supply Contracts – This alert considers how the ipso facto provisions introduced by the Corporate Insolvency and Governance Act work in practice.
- Protect Your US Business Against Supplier or Customer Insolvency – one of the biggest threats to a successful business if the insolvency of a key customer of supplier. This guide highlights how we can assist.
- How to Identify Distress in Your US Business – Identifying distress in your own business is vital to ensuring its financial health. The purpose of this guide is to help US businesses identify distress early.
Global and EMEA Guides
This alert explains when a foreign company can use an English Restructuring Plan to restructure and the advantages of doing so, giving examples of when foreign companies have successfully restructured in England.
For businesses operating in multiple jurisdictions, we have set out in a series of consolidated international guides:
- Summary of Government Financial Support Across Europe
- Quick Guides to Directors’ Duties Across Europe – Our set of short guides gives pointers to how directors should think about their duties in key European countries.
- How Countries Have Revamped Their Insolvency and Restructuring Laws
With issues such as supply chain disruption, transport issues and employee shortages having an acute impact on businesses, we have produced a number of guides, by jurisdiction, to help businesses consider their options.
The guides cover directors’ duties, outline the government support available to businesses, summarise how insolvency laws have been changed to support businesses and a business viability guide for the relevant jurisdiction that includes all of those individual guides as well as a detailed section on managing supply chain issues.
- Do Territorial Limitations Curtail Class Actions? – the High Court in Australia has determined that territorial limitations do not curtail group member participation rights in class actions. This alert explains what this decision means.
- Economic Distress and Being a Party to the Contraventions of others – this alert considers the position of Australian Financial Service Licence holders, risks AFLHs may face in the current economic environment and steps AFLHs can take to protect their position
- Virtual Enquiry Technology – this alert considers the new powers that Australian market regulators will soon have to conduct virtual investigations and examinations
- Why May the Insolvency, Restructuring and Dissolution Act 2018 (IRDA) Attract Restructuring Proponents to Singapore – The Singaporean restructuring regime provides an attractive framework for scheme proponents. This alert explains why more APAC cross border restructurings may emanate from Singapore.
- Federal Court Rejects Liquidators’ Proprietary Interest Claims – This alert considers the implications of a recent Federal Court decision, where the court rejected a liquidators’ proprietary interest claim to the proceeds of performance bonds and upheld the head-contractor’s statutory set-off rights.
- Will the Australian Courts Continue to Assist Aggrieved Stakeholders? – This alert considers the position of external administrations, the challenges they face and who the courts will assist.
Litigation Funding Series
A series of articles reviewing, assessing and commenting on proposed reforms to litigation funding, highlighting significant developments and discussing key cases.
- Australian High Court Upholds Examination Rights of Eligible Applicants
- Group Costs Orders in Australia
- Will Contradictors Play an Important Role in Australian Litigation?
- Recently announced reforms by the Australian government provide welcome relief for litigation funders, their investors and proponents