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Articles by Amy Flavell
Restructuring and Insolvency Conference 2024
We’re delighted to announce the programme for the Pinsent Masons’ 2024 Restructuring and Insolvency Conference. Established as the market leader and on the calendar for over 30 years, our event last year was the best attended Restructuring and Insolvency conference in Europe in 2023.
Landlords lose High Court Regis CVA fees claim despite revocation decision
The High Court in London has ruled against landlords seeking the repayment of fees against the nominees of a company voluntary arrangement (CVA) for a salon and beauty business. The court did rule to revoke the CVA for Regis on the basis that the arrangement’s treatment of one creditor was unfairly prejudicial to the landlords.
Landlords challenge fairness of restructuring plan in landmark case
The scope for landlords to successfully challenge restructuring plans launched by financially distressed tenants who seek to compromise lease liabilities could be severely impinged if the High Court in London approves a restructuring plan in the face of opposition from landlords. Restructuring plans were introduced into law at the height of the coronavirus crisis in 2020 to provide businesses with a new tool with which to overcome financial difficulty.
Guidance on higher education restructuring scheme issued
The UK government has released guidance for distressed higher education providers applying to access emergency funding. The restructuring scheme provides support to higher education providers in England at risk of insolvency due to the Covid-19 pandemic. The application process includes different stages of open book review, including independent business review and requirement for providers to prepare a restructuring plan. Successful applicants will obtain a loan.
What should a customer expect when its supplier enters formal insolvency
Protections now exist in law to prevent suppliers from abruptly ending their supply to distressed customers higher up the supply chain. This is part of a series, find out more about how to manage supply chain distress in the manufacturing sector. Both customers and suppliers in the manufacturing sector should seek professional advice to understand their legal and contractual options to account for insolvency events impacting their supply chain.
University directors and trustees reminded of fiduciary duties to creditors
As well as being a recent, rare example of a wrongful trading case making it to court, the Re Ralls Builders case is also significant as it sets out guidance for directors and trustees on what they should be doing when, for example, a company or institution is in financial difficulty. Directors of educational institutions, or trustees if the institution is a charity, owe fiduciary duties both to the institution and its creditors.
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