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Restructuring HMRC Insolvency

Paul Hastings LLP

English Court Approves Enzen Part 26A Restructuring Plans in First Case With HMRC Active Support

Paul Hastings LLP on

On 25 March 2025, the English Court approved the interconditional dual restructuring plans of Enzen Global Limited and Enzen Limited (Enzen). The plans amend and extend £50 million senior secured liabilities, provide for new...more

Dechert LLP

Fixed to Floating Charge Security: Exploring the Spectrum of Control

Dechert LLP on

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

Cadwalader, Wickersham & Taft LLP

Crammed Down but Not Out: HMRC Successfully Opposes Restructuring Plans

HMRC has recently taken an increased interest in opposing restructuring plans under Part 26A of the Companies Act 2006 (“Part 26A”) under which HMRC would otherwise be crammed down. This follows HMRC somewhat regaining its...more

K&L Gates LLP

COVID 19: UK Insolvency Reform – Crown Preference Returns From 1 December 2020

K&L Gates LLP on

EXECUTIVE SUMMARY - On a UK company’s insolvency, the UK tax authority (HMRC) will become a preferential creditor in respect of certain unpaid taxes (Crown Preference) with effect from 1 December 2020. Despite lobbying...more

Morrison & Foerster LLP

Return of Crown Preference at the Expense of Floating Chargeholders

Much controversy followed the British government’s announcement in 2018 that it intended to reintroduce a statutory priority for certain tax debts of companies subject to the UK insolvency regime. Following consultation by...more

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