Tag Archives: insolvency

Unprecedented economic intervention announced by the Chancellor to help UK businesses – the latest support announced

We are in unprecedented times but the announcement this evening by the UK Chancellor included unprecedented financial support aimed at easing cash flow, supporting jobs and providing further support to UK businesses. The two key announcements were that (1) the UK Government will pay 80% of employees wages; and (2) the Coronavirus Business Interruption loan … Continue Reading

How do you know if your business is an essential service?

Globally, most nations affected by Covid-19 have restrictions in place that significantly impact business operations.  In some cases requiring businesses to temporarily shut the doors whilst balancing that against the need to maintain essential services.   But how can a business identify whether it is an essential service?  This note explores that question.… Continue Reading

Directors’ Duties and Covid-19 – a view from the UK

Given the current pressure all businesses face dealing with the effect of Covid-19, it is important that directors understand what their duties are in respect of insolvent companies or companies that are at risk of heading towards insolvency. In this blog we briefly remind directors what their duties are, the potential claims that could be … Continue Reading

More detail about the financial support available to UK businesses

The UK Chancellor confirmed additional financial support would be provided to UK businesses. Our blog yesterday set out an overview of the support available. This alert provides further details about that package of measures. Details about the Coronavirus Business Interruption Scheme, can be found here and we are working with our clients to arrange support … Continue Reading

Managing business risk as the UK announces it is moving into the delay phase

Yesterday, following a meeting of the Cobra committee the Government announced that the UK has moved into the “delay” phase of its plan aimed at tackling the coronavirus outbreak. For businesses the main impact will be operational given that anyone who shows certain symptoms has been advised to self-isolate for 7 days, regardless of whether … Continue Reading

Chapelgate- a costly blow for UK commercial funders?

The English Court of Appeal in Chapelgate Credit Opportunity Master Fund Ltd v Money and others [2020] EWCA Civ 246 confirmed last month that the Arkin rule (which provides for a cap of the funding costs payable by a non-party) is not binding.  In this blog we consider what impact that might have on insolvency … Continue Reading

Proposed changes to pension law that will challenge restructuring

The Pension Schemes Bill 2019 is causing a marked degree of consternation in the restructuring community. The proposed legislation introduces new offences that can be prosecuted in the criminal courts and further moral hazard powers that are likely to significantly reduce the directors’ and insolvency practitioners’ ability to provide commercial and creative solutions to creditors … Continue Reading

Hong Kong’s economic outlook remains positive despite challenges

Hong Kong’s well-established financial market, low taxation incentives, and laissez-faire policies have consistently earned the city the title of the World’s Freest Economy and the third easiest place to do business in. Yet, the city’s on-going social movements seem to be having an influence on its financials. Hong Kong reported a GDP contraction of 2.9% … Continue Reading

Unlocking value in an insolvent estate: an update on cryptocurrencies

We previously considered the potential implications for insolvency professionals of the rise of cryptocurrencies (available here). One of the principal issues identified was the uncertainty surrounding the legal status of cryptocurrencies; what class of asset were they and, subsequently, how would they be treated under English law? This question had been subject to little legal … Continue Reading

What is the “key” to validly appointing administrators?

First, there was the HMV case, then Skeggs Beef and SJ Henderson. Following which we had further judicial decision in All Star Leisure and now Keyworker Homes, all of which considered the validity of appointment of administrators using the e-filing system. Keyworker Homes deals with these questions: Can a notice of intention to appoint administrators … Continue Reading

Directors may be entitled to a refund of payments made in settlement of the HMRC loan charge

Following an independent review of HMRC’s loan charge the UK Government has announced that there will be a number of changes to the loan charge, which in some cases will include repayment. Not only will some directors be able to claim back payments made in settlement, others will be able to take advantage of more flexible … Continue Reading

New Year, New Resolutions and New Name

Happy New year to all of our blog readers! With the start of a new decade, we are giving our restructuring and insolvency blog a fresh new look and name: Restructuring GlobalView. Restructuring GlobalView will provide readers with unique perspectives on restructuring and insolvency issues from around the globe, offering practical views from the global … Continue Reading

When should an NOA be filed to avoid a defective appointment or subsequent court application?

E-filing a notice of appointment of administrators outside of court counter opening hours can impact the validity of an administrator’s appointment. The recent high court rulings in SJ Henderson & Company Limited and Re Triumph Furniture Limited [2019] EWHC 2742, and Re Skeggs Beef Limited [2019] EWHC 2607 (Ch) should serve as a caution that a company, … Continue Reading

CVA challenges by landlords – the latest news

The hair salon Regis announced recently that the company has entered administration. The news might not come as a surprise because the chain, prior to the company’s administration, was subject to a company voluntary arrangement (“CVA”) whose validity was challenged by landlords. The joint administrator of Regis commented: “trading challenges, coupled with the uncertainty caused by … Continue Reading
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