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Insolvency and corporate governance reforms: key considerations for investors

We summarise the key legislative changes planned by government relating to insolvency and corporate governance and focus on what they mean for investors, including the private equity community.
19 September 2018

Office holders take note – judicial help is on hand

The special administrators of MF Global UK asked the court for urgent directions regarding the implementation of a CVA. We look at what the decision means for office holders.
26 June 2018

Carillion liquidation: key considerations for affected parties

In response to Carillion entering liquidation, we summarise the commercial and insolvency issues that affected parties will need to consider before liaising with the liquidator and PwC.
16 January 2018

Purchasers may have rights in unbuilt leasehold property

In Alpha Student in Liquidation v Anthony Yiu-Wing Wong, it was held that purchasers of unbuilt leasehold flats have an enforceable equitable lien over the air-space in the freehold site.
02 June 2017

No need to vary freezing orders to enforce pre-existing security

The case of Taylor v Van Dutch Marine Holding Ltd confirmed that a secured creditor does not need to vary a freezing order granted to a third party to enforce its pre-existing security.
02 June 2017

A company must have a settled intention to appoint an administrator when filing a NOI

The Court of Appeal's judgment in JCAM v Davis Haulage has clarified the administration appointment process.
01 June 2017

Trustee in Bankruptcy's right to access pension income

Horton v Henry: Court of Appeal decision ends uncertainty regarding Trustee in Bankruptcy’s power to exercise pension rights on behalf of bankrupt.
15 December 2016

Modernised insolvency: creditors' decision making

Next in our series on "Modernised Insolvency", we take an in depth look at decision making post-April 2017.
15 December 2016

Beware of your intentions when declaring dividends

In BTI 2014 LLC v. Sequana SA & Others [2016], the High Court has held that a dividend can be challenged as a transaction defrauding creditors under section 423 of the Insolvency Act 1986.
11 November 2016

“Modernised insolvency” arriving April 2017: What are the key changes?

Our corporate restructuring and insolvency team provide an overview of the new consolidated, restructured and modernised Insolvency (England and Wales) Rules 2016.
10 November 2016

When does limitation start for an on demand loan?

The High Court has considered (obiter) when the limitation period starts in relation to an "on demand" loan with no express deadline for repayment.
09 August 2016

When are funds drawn down under a SIPP subject to an IPO?

The High Court has determined the circumstances in which sums drawn down under a self-investment personal pension scheme could be subject to an income payments order. 
09 August 2016
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