The UK Supreme Court’s recent decision in El-Husseini and another v Invest Bank PSC [2025] UKSC 4 has clarified the circumstances in which section 423 of the Insolvency Act 1986 (the Act) provides protection against attempts...more
The England and Wales Court of Appeal recently handed down its first judgment relating to a restructuring plan under Part 26A of the UK Companies Act 2006: Re AGPS Bondco Plc [2024] EWCA Civ 24. Restructuring plans were a...more
2/23/2024
/ Corporate Restructuring ,
Cramdown ,
Creditors ,
Debt Restructuring ,
Equity ,
Financial Distress ,
Insolvency ,
Scheme of Arrangement ,
Statements of Economic Interest ,
UK ,
UK Companies Acts
The UK Supreme Court has delivered its long awaited judgment in BTI v Sequana. It considers if and when directors of a financially distressed company incorporated in England and Wales have a duty to consider, or to act in...more
From 15 February 2022, the UK Insolvency Service is granted new powers to investigate and disqualify or prosecute directors of dissolved UK companies. The Rating (Coronavirus) and Directors Disqualification (Dissolved...more
In PJSC Bank Finance and Credit & another v Zhevago & others [2021] EWHC 2522 (Ch), the Chancellor of the High Court, Sir Julian Flaux, decided that the first defendant, Mr. Zhevago, was properly served with High Court...more
The UK government has announced that temporary restrictions on creditor action introduced in the Corporate Insolvency and Governance Act 2020 are to be phased out. These temporary restrictions were put in place to protect...more