Related insights: Restructuring and Insolvency

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Winding up petitions post 30 September 2021: what you need to know

21 Sep 2021
At the start of the coronavirus pandemic, temporary provisions were put in place under the Corporate Insolvency and Governance Act 2020. New temporary provisions being introduced by the UK government that are designed to provide continued support to viable businesses whilst allowing a return to the normal order of things as regards the winding up process (temporarily with carveouts).
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CVAs still in fashion as New Look successfully defends challenge

12 May 2021
In the hotly anticipated judgment of Mr Justice Zacaroli in the case of Lazari Properties 2 Limited and Ors and New Look Retailers Limited ("New Look") [2021] EWHC 1209 (Ch) New Look has successfully defended a challenge to its CVA on the grounds of jurisdiction, material irregularity and unfair prejudice. The judgment confirms once again that differential treatment of creditors does not on its own establish unfair prejudice but that it will be a matter for determination based on all the circumstances of the case.
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Any port in a storm: a cautionary tale in drafting

11 Feb 2021
In a recent decision in the Admiralty Court before Mr Admiralty Registrar Davison, the Court considered the application of the recently enacted section 233B of the Insolvency Act 1986. Whilst the conclusions reached on that provision are perhaps less surprising given its wide remit, the decision raises some interesting points for contract lawyers on the formation of contracts and the reasonableness of their terms.