04 Jan, 2024 Another junior creditor challenge to senior creditor enforcement: CPF One Limited & anor v Ortus Secured Finance I Limited By Adam Caines Judy Chu Subsequent to the High Court’s decision in Galapagos Bidco S.à r.l. v Dr Frank Kebekus [2023] WHC 13931 (Ch) (for more on which see our...
04 Dec, 2023 Don’t fall asleep at the wheel: the role of directors in the current markets By Jatinder Bains Paul Keddie Lois Horne Katherine Hensby +1 more... Show less On Thursday 9 November, Macfarlanes hosted a webinar which focused on the role of directors and in particular navigating those stresses...
15 Nov, 2023 Galapagos restructuring ends with an effective “Distressed Disposal” and a win for senior creditors By Timothy Bromley-White Joshua Portway Any restructuring where there are multiple tiers of debt and lenders with different interests and views can be tricky. Lenders will try...
13 Jul, 2023 Article X does not (quite) mark the spot: UK Government considers implementation of two UNCITRAL Model Laws on Insolvency By Paul Keddie On 7 July 2022, the UK Government published a consultation on changing UK law to implement two model laws in the field of insolvency that...
11 Oct, 2021 High Court confirms that landlords can still resort to court proceedings to recover unpaid rent By Lois Horne The recent changes to the restrictions on winding-up petitions will have been disappointing to commercial landlords (see our previous...
16 Jul, 2021 Non-party v "real party": third-party costs orders and liquidators By Nikolas Ireland Sheila Dines The recent case of Official Receiver v Deuss [2021] EWHC 1842 (Ch) provides legal and insolvency practitioners with guidance as to the...
26 Nov, 2020 Second suspension of wrongful trading By Timothy Bromley-White The government has once again suspended wrongful trading, this time until 30 April 2021. The government had previously suspended wrongful...
12 Nov, 2020 Enforcing security in a depressed property market By Timothy Bromley-White As many businesses now face another phase of closures, we are seeing borrowers and lenders reconsidering and restructuring their finance...
09 Oct, 2020 Independent scrutiny for pre-pack administrations By Paul Keddie Timothy Bromley-White The Government has announced that it will introduce new measures to subject pre-pack sales in an administration to a connected person to...
24 Sep, 2020 Failure of a scheme of arrangement: sanction should not be taken for granted By Timothy Bromley-White The case of Re Sunbird Business Services Limited [2020] EWHC 2493 (Ch) is a salutary reminder that the court will not simply rubber stamp...
16 Mar, 2020 Crown preference and the prescribed part: A concern for secured creditors By Timothy Bromley-White In last week's Government budget, the Chancellor of the Exchequer confirmed that Crown preference would return but that this would be...
02 Jan, 2020 Are retail property lenders running out of New Year resolutions? By Jatinder Bains In this valuable article from Real Estate Capital, the issues facing lenders on retail property financings and the lack of palatable...
30 May, 2019 Watch this space: loan markets embrace new technology By Jamie Macpherson The Loan Market Association's (LMA's) inaugural FinTech Conference provided us with an opportunity to reflect on increasing interest in...
17 Jan, 2019 Companies House guidance on registering charges By Jamie Macpherson Companies House has published guidance on registering new charges created by UK companies (and Limited Liability Partnerships). The...
30 May, 2018 ITV v The Pensions Regulator: implications for restructuring advisers By Jatinder Bains Pensions experts at Macfarlanes have commented on the recent judgment of the Upper Tribunal on the financial support direction issued to...