The rules provide an arbitration procedure to determine the amount of affordable rent arrears for a commercial tenant where landlord and tenant have been unable to reach a consensual agreement.
On 9 November 2021, the UK...more
11/19/2021
/ Arbitration ,
Arrearages ,
Commercial Leases ,
Commercial Property Owners ,
Commercial Tenants ,
Coronavirus/COVID-19 ,
Dispute Resolution ,
Pending Legislation ,
Rent ,
Rental Property ,
UK
The ruling confirmed that Section 423 of the Insolvency Act 1986 has extensive international reach, and does not require a transaction at an undervalue to leave the debtor with insufficient assets.
Background -
The...more
Successfully executing an acquisition from stress, distress, or insolvency requires a creative approach to reconcile competing interests. ...more
The Corporate Insolvency & Governance Act introduces temporary and permanent changes to UK insolvency and restructuring laws.
On 28 March 2020, the UK government announced a number of reforms to UK insolvency...more
Given the many fast-paced UK government announcements of COVID-19-related measures, this Client Alert provides a summary, as of 28 March 2020, of the proposed changes to UK insolvency laws.
As of 28 March 2020, the UK...more
Persisting political and economic uncertainty means awareness of market changes remains crucial.
The 2008 distress cycle triggered defaults and restructurings for European PE portfolio companies, as maintenance covenant...more
Ruling provides guidance on how close to insolvency a company needs to be before directors must consider creditors’ interests.
The UK Court of Appeal has ruled that the payment of a lawful dividend did not, on the facts,...more
4/3/2019
/ Appeals ,
Board of Directors ,
Breach of Duty ,
Creditors ,
Dividends ,
Parent Corporation ,
Shareholders ,
Subsidiaries ,
UK ,
UK Companies Acts ,
UK Insolvency Act
The court offers guidance on reversing lawful dividend payments and when directors need to take into account creditors’ interests.
On 6 February 2019, the UK Court of Appeal published a judgment in BTI v. Sequana that will...more
Ruling provides helpful reminder to directors, companies, and creditors that Section 423 of the Insolvency Act 1986 applies even outside of insolvency.
Background -
The UK Court of Appeal has upheld a decision that a...more
Section 423 of the Insolvency Act 1986 continues to be a useful tool available to creditors for challenging transactions at an undervalue.
Section 423 gives the English court the power to set aside a transaction (most...more
Schemes of arrangement are a well-known and familiar tool for many within M&A. They are often used to implement acquisitions of public or widely held companies or restructurings of financial indebtedness, frequently as part...more
Ruling confirms majority noteholder should not be disenfranchised from voting -
The English High Court held that it had jurisdiction in a cross-border dispute involving the Norske Skog group (Norske Skog), and confirmed...more
Corporate accountability has been a key focus for UK legislators and regulators since the credit crisis, as authorities have taken action against corporate failings. In our view, this focus is evolving to emphasise individual...more