Related insights: Restructuring and Insolvency


Restrictions on winding up petitions extended – but personal liability for wrongful trading set to return

24 Sep 2020
While announcements have been made, and measures extended, to help corporate Britain, directors faced with the difficult decision of whether to trade on through the crisis could suddenly very exposed once again. As previously discussed, the Corporate Insolvency and Governance Act 2020 (CIGA), introduced a number of temporary measures to seek to avoid an avalanche of insolvencies during the coronavirus crisis.

Virgin Atlantic restructuring plan: the first of many?

20 Aug 2020
As previously reported in our article of 21 May 2020, the Corporate Insolvency and Governance Act 2020 (Act), introduced a number of new tools for businesses suffering financial distress. One of the new measures introduced by the Act was the 'Restructuring Plan' – a process modelled on the existing scheme of arrangement (Scheme).

UK Supreme Court clarifies the rule of "reflective loss"

28 Jul 2020
The UK's Supreme Court ("UKSC") has handed down its judgment following the hearing of the appeal in the case of Sevilleja v Marex Financial Limited [2020] UKSC 31 ("Marex"). The appeal was against the decision of the Court of Appeal to find that the rule of reflective loss applied to 90% of Marex's claim, which was brought in its capacity as a creditor.

Corporate Insolvency and Governance Act 2020: an update

02 Jul 2020
On 26 June 2020, the Corporate Insolvency and Governance Act 2020 (the "CIGA") came into effect. As anticipated in our previous article the CIGA was fast-tracked through Parliament and some amendments were ultimately made prior to it becoming law. While these amendments were not substantive, there are some key changes/clarifications between the first draft and the enacted legislation.

Charities in the wake of COVID-19 - financial challenges and insolvency

24 Jun 2020
The pandemic has strained the fabric of society with its impacts felt across the full spectrum of charities across the sector. Charities are ready to embrace that challenge. Many can see an opportunity to make more difference, to more people, than ever before. But we must not lose sight of the fact that charities are stepping up to the plate against a backdrop of their own difficulties. Fundraising activities have been restricted and volunteers forced to shield.