Restructuring & Insolvency

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  • No longer sailing towards a point of no return - the decision of the Supreme Court in the Eurosail Case Restricted access


    Submitted: 14 August 2013

    In a unanimous decision of the Supreme Court handed down on 09 May 2013, clarity has been given on the meaning of when insolvency occurs under section 123 of the Insolvency Act 1986.

  • Restructuring & insolvency procedures Restricted access

    Cross Border Guide

    Submitted: 11 October 2012

    This microsite provides an overview of the different restructuring and insolvency procedures currently available for companies across England & Wales and Italy.

  • Strange fruit: the rule in Cherry v Boultbee Restricted access


    Last Reviewed: 20 October 2011 / Submitted: 20 October 2011

    The Supreme Court has given its judgment in the important case of In the matter of Kaupthing Singer and Friedlander Limited (in administration) and In the matter of the Insolvency Act 1986 [2011] UKSC 48 (19 October 2011).

  • So long Slavenburg Restricted access


    Last Reviewed: 21 September 2011 / Submitted: 21 September 2011

    The Overseas Companies (Execution of Documents and Registration of Charges) (Amendment) Regulations 2011 will come into force on 01 October 2011.

  • Eurosail - two points for corporate trustees Restricted access


    Last Reviewed: 11 March 2011 / Submitted: 11 March 2011

    The Court of Appeal analyses the balance sheet test for insolvency and gives guidance on a trustee’s representation in court.

  • Intercreditor agreements - a question of interpretation Restricted access


    Last Reviewed: 24 January 2011 / Submitted: 17 January 2011

    The decision of the Court of Appeal in HHY Luxembourg SARL & Another v Barclays Bank PLC & Others [2010] EWCA Civ 1248 (22 October 2010) is an important case on the interpretation of intercreditor agreements.

  • Administration expenses - the Nortel/Lehman case Restricted access


    Last Reviewed: 21 December 2010 / Submitted: 21 December 2010

    Consideration of the decision of the High Court in Re Nortel and Lehman in which Mr J Briggs considered the potential effect of the issue, by the Pensions Regulator, of a financial support direction and subsequent contribution notice against a company in administration or liquidation.

  • Lehman Brothers International Europe (LBIE) - in administration Restricted access


    Last Reviewed: 15 October 2010 / Submitted: 15 October 2010

    The Administrators of LBIE have published their 4th progress report.

  • Guarantee stripping in CVA possible but proposal unfair to landlords Restricted access


    Last Reviewed: 10 September 2010 / Submitted: 10 September 2010

    A company voluntary arrangement entered into by a company in administration unfairly prejudiced landlords by discharging guarantees granted by the company`s ultimate parent.

  • The Wind Hellas Case Restricted access


    Last Reviewed: 08 September 2010 / Submitted: 08 September 2010

    Consideration of the High Court’s decision In the Matter of Hellas Telecommunications (Luxembourg) II SCA in which the change of a company’s centre of main interest prior to administration was approved.

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