Clik here to view.
Will UK businesses face supply chain challenges now Trump is in office?
Throughout his 2024 campaign, President Donald Trump vowed that if re-elected, he would address unfair trade practices, rebalance trade relationships, and fund other economic proposals through new and...
View ArticleClik here to view.
Comparison of Directors’ Duties Across Europe
This article, that was recently published in INSOL, provides a comparison of directors’ duties between several European jurisdictions – England and Wales, Germany, Italy, the Czech Republic and the...
View ArticleClik here to view.
Risk of personal liability for directors who re-use a company name: The UK...
Using the same or similar name of a company that is in insolvent liquidation is prohibited by s 216 of the Insolvency Act 1986 (IA). A director who acts in breach of s216 by being a director of, or...
View ArticleClik here to view.
Recovering costs for dealing with fixed charge assets – lessons for...
The decision handed down in Pagden and another v Ridgley [2024] EWCH 3047 (Ch) is a helpful clarification on whether agreed costs and expenses incurred by an office-holder in the context of dealing...
View ArticleClik here to view.
(UK) Revolution Bars: When is a meeting really a meeting?
In his judgment to sanction the restructuring plan (“RP”) of Revolution Bars[1], Justice Richards proceeded on the basis that the Class B1 Landlords and the General Property and Business Rate...
View ArticleClik here to view.
Are you making progress? The Scottish court provides helpful pointers to...
Although the case of Anthony John Wright and Alastair Rex Massey vs. Scottish Court of Session [2024] CSOH 105 is (as the name suggests) a Scottish decision, there are several takeaways from the case...
View ArticleClik here to view.
(UK) Office-Holder Remuneration Applications – the importance of details
When it comes to applications by office-holders for approval of their remuneration, the message in the case of Poxon and another v Wejo Ltd (in administration) [2025] EWHC 135 (Ch) was, the detail...
View ArticleClik here to view.
Update of German Law Aspects of Crypto Assets
Our recently updated article considers how EU and German civil and regulatory law approach crypto assets with a particular focus on how those types of crypto assets are dealt with in an insolvency. In...
View ArticleClik here to view.
(UK) Is 5p enough to cram down HMRC in a Restructuring Plan?
For those in the mid-market who have watched developments in restructuring plans (RP) move from a potential rescue tool, to something prohibitively expensive, the OutsideClinic RP might be one to...
View ArticleClik here to view.
U.S. Trustee Objects to Stalking Horse Bid Protections in Three Recent...
Recently, the Office of the United States Trustee (the “UST”) has been objecting to debtors’ motions to establish bidding procedures to sell some or all of an estate’s assets pursuant to section 363...
View ArticleClik here to view.
(UK) The issue with hybrid insolvency claims rumbles on
Should a claim be struck out where the applicant has failed to comply with the procedural requirements relating to “hybrid” claims? In the recent case of Park Regis Birmingham LLP [2025] EWHC 139...
View ArticleClik here to view.
HMRC Supports a UK Restructuring Plan with its Change in Approach – Good News...
You may have read our previous blog about the Outside Clinic Restructuring Plan (RP) which asked whether 5p was enough to cram down HMRC and thought, well surely if that’s not enough, 10p would work?...
View ArticleClik here to view.
And just like that another Restructuring Plan is sanctioned with HMRC...
The Outside Clinic restructuring plan (RP) was sanctioned last week with HMRC voting in favour of it. In a similar vein to Enzen (see our earlier blog) HMRC initially indicated that it was not...
View ArticleClik here to view.
El-Husseiny v Invest Bank – expanding office holder claims? (UK)
S423 of the Insolvency Act 1986 (IA 1986) provides a route for office holders to challenge transactions where a person deliberately transfers assets at an undervalue to put them beyond the reach of...
View ArticleClik here to view.
What are the Key Takeaways for managing HMRC in a UK restructuring plan (RPs)...
Much will depend on the specifics of a company’s financial position, but there are some themes from the OutsideClinic and Enzen judgments that are helpful – and arguably so even beyond the context of...
View ArticleClik here to view.
Application of the Insolvency Claw-Back Barrier under Article 16 of the EU...
Article 7(m) of the EU Insolvency Regulation (2015/848) provides that the law of the EU Member State in which insolvency proceedings have been commenced in respect of a company determines whether...
View ArticleClik here to view.
Practice Statement: Restructuring Plans and Schemes – What Does this Mean for...
We have seen an increasing number of contested restructuring plans (RPs) over the last quarter. With a notable shift of RPs into the litigation arena, and some gentle push back from the judiciary...
View ArticleClik here to view.
What’s That? WhatsApp creates legally binding contract (UK)
As insolvency practitioners (IPs) it is not unusual to have to consider the terms of a particular contract, whether that is enforcing the terms of that for the insolvent entity or considering the...
View ArticleClik here to view.
Sanctions Reporting Requirements for Insolvency Practitioners – Now in...
On 14 November 2024, the UK government announced several changes to its existing sanctions regulations via the Sanctions (EU Exit) (Miscellaneous Amendments) (No. 2) Regulations 2024. As of 14 May...
View ArticleClik here to view.
Should Miller be Set Aside? Observations from a Recent U.S. Supreme Court...
The U.S. Supreme Court recently decided United States v. Miller, which resolved a circuit split over whether a trustee could avoid federal tax payments under section 544(b) of the United States...
View Article