Nov 15, 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...
Jul 13, 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...
Oct 11, 2021 High Court confirms that landlords can still resort to court proceedings to recover unpaid rent By Lois Horne Amy McLeish The recent changes to the restrictions on winding-up petitions will have been disappointing to commercial landlords (see our previous...
Jul 16, 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...
Nov 26, 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...
Nov 12, 2020 Enforcing security in a depressed property market By Laura Uberoi Timothy Bromley-White As many businesses now face another phase of closures, we are seeing borrowers and lenders reconsidering and restructuring their finance...
Oct 09, 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...
Sep 24, 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...
Apr 17, 2020 Covid-19: FCA writes to CEOs in relation to SME lending practices during the pandemic By Macfarlanes On 15 April 2020, the Financial Conduct Authority (FCA) wrote to the CEOs of banks regarding lending practices to SMEs in the context of...
Mar 16, 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...
Jan 02, 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...
Dec 17, 2019 CFOs going retro for Christmas this year? By Jatinder Bains Consistent with the trend for items which remind us of our youth to be beneath the Christmas tree these days (here’s hoping for the Sega...
May 30, 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...
Apr 29, 2019 Syndicated loans: competition law considerations and mitigations By Fiona Beattie Given the Easter break and the continuing focus on Brexit, it was easy to miss the fact that the European Commission has released a...
Mar 19, 2019 Is traditional lending living on borrowed time? By Jamie Macpherson Key to every lending transaction, and the decision whether or not to extend credit, is an analysis of the likelihood of repayment....
Jan 17, 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...