News & Analysis as of

Debt United Kingdom

Pillsbury Winthrop Shaw Pittman LLP

U.S. Bankruptcy Court Agrees to Enforce English Three-Step, with Third-Party Releases, Used by Mexican Auto Financer

Manipulation of “center of main interest” to secure UK bankruptcy venue does not bar chapter 15 recognition so long as creditors are not disadvantaged. On February 24, 2025, U.S. Bankruptcy Judge Michael E. Wiles granted...more

Latham & Watkins LLP

Holding Water: Thames Water Restructuring Plan Sanctioned

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The English court has sanctioned the group’s interim financing plan, but the opposing creditor group’s appeal will be heard on an expedited basis. The last 12 months have been turbulent for Thames Water. Following the...more

A&O Shearman

Good faith in secured finance?

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The court implied a good faith term constraining a lender’s discretion to refuse a borrower's request to dispose of assets in a secured financing context. A power to consider requests for disposals - A facility agreement...more

IR Global

Late Payment Support – How to Protect Your Cash Flow

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Late Payment Support for Small Businesses – How to Protect Your Cash Flow - Cash flow is the backbone of any small business, yet late payments continue to be a major challenge for entrepreneurs across the UK. According to...more

IR Global

The UK economic outlook for 2025

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The economic outlook for the UK in 2025 presents a mixed picture, with expectations of modest growth tempered by persistent inflationary pressures....more

IR Global

Could an interest rate reduction reduce government expenditure?

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A 1% reduction in the Bank Rate would reduce the UK government's annual interest charges on the national debt, but the exact amount of the reduction depends on the proportion of the debt that is sensitive to changes in...more

Mayer Brown

Conditions precedent: own wrongdoing cannot be used to escape debt

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Summary - In King Crude Carriers SA & Ors v Ridgebury November LLC & Ors, handed down last month, the English Court of Appeal considered the principle in Mackay v Dick & Stevenson....more

A&O Shearman

Breach it and weep: deemed fulfilment ain’t fictional

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The Court of Appeal has held that a party who prevents a condition precedent to their obligation to pay from being met cannot rely on the unfulfilled condition to escape their liability in debt....more

A&O Shearman

An interest-ing question: when is a default interest rate a penalty?

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The Court of Appeal has affirmed a three-step test for penalty clauses: (1) is it a secondary obligation; (2) does the clause protect a legitimate interest; and (3) is it extortionate by reference to the legitimate interest?...more

Proskauer Rose LLP

UK Tax Round Up - June 2024

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Welcome to the June edition of the UK Tax Round Up. This month features the latest Court of Appeal decision in a trilogy of recent cases regarding the loan relationship “unallowable purpose” test, an Upper Tribunal decision...more

White & Case LLP

Are You as Senior Secured as You Think?

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Senior secured creditors, being the anchor creditor in the capital stack, will always be focused on ensuring their priority claim is as robust as possible, with clearly delineated capacity for 'super priority' debt. However,...more

Jones Day

Adler: English Court of Appeal Overturns Restructuring Plan

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The Situation: The Adler Group sought to restructure more than €6 billion of debt by means of a UK restructuring plan ("RP"), to give itself a runway for a planned wind-down and asset sales, leading to an enhanced return for...more

Proskauer Rose LLP

UK Tax Round Up - October 2023

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Welcome to the October edition of the UK Tax Round Up. This month has seen the Supreme Court’s judgment on the operation of the employment-related securities deeming provision, the Court of Appeal’s decision on what...more

Katten Muchin Rosenman LLP

Tips for Dissenting Stakeholders Challenging a Cram Down (or Up)

This article considers the key issues a dissenting creditor or shareholder (Dissenting Stakeholder) should consider when challenging a UK Restructuring Plan (Plan) under Part 26A of the Companies Act 2006. For convenience,...more

Sullivan & Worcester

Fixed and Floating Charges: the Key is Control, but the Key to Control is Drafting

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In our April webinar “Risk Mitigation Techniques in Trade Financing Structures”, which I delivered with my colleagues Sam Fowler-Holmes and Maria Capocci, we discussed methods to mitigate risks all the way along the...more

White & Case LLP

Getting the deal done: How is European PE securing debt in a tight market?

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European PE dealmaking declined in 2022—down 38 per cent year-on-year, according to Mergermarket—as macro-economic uncertainty intensified, valuations became increasingly volatile, and financing tightened. Under the...more

McDermott Will & Emery

IPEM 2022 | Key Takeaways

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After an insightful conference in Cannes, our partners have compiled some of the key takeaways from IPEM 2022. As well as exploring the private equity landscape in the UK, Germany, France and Italy, we also explore the...more

K&L Gates LLP

COVID-19: Government Announces New Laws and a Code of Practice to Resolve Disputes Related to Commercial Rent Debts Arising Due to...

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Summary - On 9 November 2021, the UK business secretary announced new laws, and a code of practice (Code of Practice), to resolve the remaining commercial rent debts accrued due to the pandemic. The Government’s intention is...more

K&L Gates LLP

COVID-19: UK Government Announces End of Temporary Restrictions on Certain Insolvency Proceedings

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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

Hogan Lovells

Consumer finance regulatory news, March 2021

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Breathing Space Regulations: FCA PS21/2 - Following its consultation in CP20/21, the UK Financial Conduct Authority (FCA) has published a policy statement, PS21/2, on changes to its Handbook in li ...more

Hogan Lovells

Brexit and Debt Capital Markets transactions – some practical perspectives

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Following the end of the Brexit transition period, debt capital markets participants may now need to consider both EU rules and the parallel UK rules for EU and UK transactions, particularly those that are cross-border. ...more

Hogan Lovells

Consumer finance regulatory news, November 2020 # 3

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Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020 - The Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England...more

K&L Gates LLP

COVID-19: UK Insolvency Reform - Standardising Company Voluntary Arrrangement Proposals

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EXECUTIVE SUMMARY - R3 Association of Business Recovery Professionals (R3), a trade association for the United Kingdom’s insolvency and restructuring industry, has launched a standard form proposal (Standard Form) for company...more

Hogan Lovells

Consumer finance regulatory news, October 2020 # 3

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Debt Breathing Space Regulations: FCA CP20/21 - The UK Financial Conduct Authority (FCA) has published a consultation paper, CP20/21, on changes to its Handbook resulting from the Debt Respite Scheme (Breathing Space...more

Hogan Lovells

Debt Breathing Space Regulations: FCA consults on Handbook changes

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The FCA has published a consultation on changes to its Handbook resulting from the Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020 (the Regulations)...more

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