Tag Archives: turnaround

Serving notice to appoint an administrator to a qualifying floating charge holder outside the jurisdiction: the tension in the Insolvency Rules and the CPR (UK)

The court’s finding in Vybra Solutions Ltd, Re [2026] EWHC 1125 (CH) (“Re Vybra”) highlights a conflict between the Insolvency Rules 2016 (the “Rules”) and the CPR. The decision that permission to serve outside the jurisdiction was not needed does not sit comfortably with the Rules. In the case, the Court also gave permission to … Continue Reading

New Fortress Energy restructuring: Cross-border agreement on “good forum shopping”

On June 18, 2026, the English High Court sanctioned two interconnected restructuring plans that will eliminate approximately US$9.6 billion of debt and implement a broader operational reorganization of the group. Just eight days later, on June 26, 2026, Judge Glenn of the US Bankruptcy Court for the Southern District of New York granted Chapter 15 … Continue Reading

Court of Appeal Refocuses the s.238 Test: Identifying the Real Transaction (UK)

The Court of Appeal’s recent judgment in TAQA Bratani Limited (“TAQA”) & Others v Fujairah Oil & Gas UK LLC & Others [2025] EWCA Civ 1669 provides clarity on how the Court will approach the question of whether a transaction, is a transaction at an undervalue caught under s.238 of the Insolvency Act 1986 (“Act”). … Continue Reading
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