Related insights: Restructuring and Insolvency
Corporate Insolvency and Governance Bill 2020 – an overview
21 May 2020
Following the Government's announcement in March that the hotly anticipated changes to the UK's insolvency regime would be rushed through Parliament with further, temporary, provisions to mitigate the impact of COVID-19, insolvency practitioners and business professionals alike have been awaiting further clarity on what the Business Secretary's comments mean for businesses both in the current climate and more generally.
COVID-19: wrongful trading - practical considerations
02 Apr 2020
As businesses seek to adapt to deal with the financial impact of COVID-19, boards of directors have been faced with the difficult decision of having to file for insolvency or take steps to preserve business continuity and live to fight another day. Understandably directors' duties is a topic that has come keenly into focus with directors wishing to ensure that, whatever steps they take, they do not incur personal liability.
D&O insurers will feel the impact of the changing climate
06 Dec 2019
After Brexit, the issue of climate change is one of the most talked about topics in this year's general election. According to a November YouGov poll, the environment is now seen as a much bigger issue than it was in the 2017 general election. There is an interplay between the growing awareness of climate risk and corporate disclosures and directors' duties and flowing from this, claims under D&O policies.
Extra-territorial effect of section 236 of the Insolvency Act 1986 revisited
05 Nov 2019
The High Court has recently revisited the question of whether section 236 of the Insolvency Act 1986 has extraterritorial effect and considered the differing views expressed in previous cases.
Insolvency in the construction sector
30 Sep 2019
In the past five years, insolvency rates in the construction industry have increased more quickly than in other industries across the UK. This article considers the common causes of construction insolvency and how to protect your position if insolvency occurs.
A rare, reported case of fraudulent trading
11 Jun 2019
The Liquidator of the Pantiles Investments Limited (Company) brought a claim (among others) for fraudulent trading against its former director, Ms Winckler. The claim related to a property transaction involving Ms Winkler, an associate (Mr Goldbart) and the Company.
Thinking of a CVA? Beware the pension pitfalls
22 May 2019
Reports of a possible financial restructuring of Arcadia Group are yet another example of the maelstrom that is continuing to engulf UK high streets.
Illegal dividends are illegal
06 Dec 2018
Dividends that constitute unlawful distributions are illegal at the point they are made and cannot be cured by subsequently treating them as remuneration.
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