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English Court of Appeal Overturns Adler’s Restructuring Plan

There is an enhanced framework for the court to exercise its discretion to sanction a restructuring plan involving a cross-class cram-down ("CCCD"). This test involves a review of the relative benefits to the assenting and...more

Fixed to Floating Charge Security: Exploring the Spectrum of Control

In the recent case of Avanti Communications, the English Court held that to constitute fixed charge security, a chargee’s control over the relevant charged assets does not need to be absolute. A significant amount of control...more

6/14/2023  /  HMRC , Insolvency , Restructuring , Securities , UK

UK Court Rules Debtor Cannot Use Corporate Vehicle to Evade Liability

Section 423 of the Insolvency Act 1986 allows for the reversal of certain transactions at an undervalue that are intended to prejudice the interests of creditors. The scope of Section 423 is extensive and may be used to...more

International Capital Markets Newsletter - October 2022, Issue 7: The Corporate Insolvency & Governance Act 2020

As the UK teeters on the brink of what would appear to be an inevitable recession, new restructuring tools introduced in the UK in 2020 pursuant to the Corporate Insolvency & Governance Act 2020 (“CIGA”) will ensure that...more

Houst Limited Restructuring Plan: High Court Sanctions SME Restructuring Plan to Cram Down HMRC

On 22 July 2022, the English High Court sanctioned Houst Limited’s (“Houst” or the “Company”) restructuring plan (the “Restructuring Plan”), which significantly, is the first time a Restructuring Plan has been used to cram...more

Smile Telecoms Restructuring Plan: English Court sanctions plan telling dissenting creditors to ‘stop shouting from the...

On 30 March 2022, the English High Court sanctioned a new restructuring plan for Smile Telecoms Holdings Limited (“Smile” or the “Company”) (the “Restructuring Plan”). The restructuring will result in the Company’s super...more

Smile Telecoms Restructuring Plan: Court grants convening application excluding “out of the money” creditor and shareholder...

On 12 January 2022, the English High Court granted Smile Telecoms Holdings Limited’s (“Smile” or the “Company”) application to convene a single meeting of plan creditors (the super senior creditors) to vote on the Company’s...more

Amicus Finance plc (in administration): High Court sanctions first mid-market restructuring plan, despite the opposition of...

On the 19th of August 2021, the English High Court sanctioned a Part 26A restructuring plan proposed by the administrators of Amicus Finance plc (in administration) (“Amicus”) for the company’s solvent exit from...more

Caffè Nero: High Court Rejects CVA Challenge

On 29 September 2021, the English High Court rejected a challenge made in respect of Caffè Nero’s company voluntary arrangement (“CVA”), brought by a landlord on the grounds of material irregularity and unfair prejudice. The...more

Hurricane Energy Restructuring Plan: Court Declines to Sanction Plan Cramming Down Shareholders

On 28 June 2021, the English High Court handed down a judgment declining to sanction a restructuring plan proposed by Hurricane Energy PLC, which sought to cram down the dissenting class of shareholders and hand over the...more

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