United Kingdom: Insolvency/Bankruptcy/Re-Structuring

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Article
Everything Forever All At Once – But Not Always: Webb And Hussain V Eversholt Rail Limited And Norton Rose Fulbright LLP.
The High Court of England & Wales recently examined the scope of liquidators' powers to request documents from related parties under the Insolvency Act 1986. When liquidators sought an 'everything forever' order requiring a sister company to produce all documents relating to the company in liquidation, the court had to balance the statutory duty to cooperate against the principle of proportionality and reasonable necessity.
United Kingdom Insolvency
Sa
Shepherd and Wedderburn LLP
Article
A New Approach To Challenges To CVAs? Advocate General For Scotland v Petrofac Facilities Management Ltd
The Court of Session has taken a novel approach to assessing unfair prejudice in CVA challenges, moving beyond traditional vertical and horizontal comparisons to consider broader equitable factors. This first reported Scottish decision in such circumstances could make predicting CVA challenge outcomes significantly more difficult if the approach is adopted in future cases.
United Kingdom Insolvency
Sa
Shepherd and Wedderburn LLP
See more

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Article
A New Approach To Challenges To CVAs? Advocate General For Scotland v Petrofac Facilities Management Ltd
The Court of Session has taken a novel approach to assessing unfair prejudice in CVA challenges, moving beyond traditional vertical and horizontal comparisons to consider broader equitable factors. This first reported Scottish decision in such circumstances could make predicting CVA challenge outcomes significantly more difficult if the approach is adopted in future cases.
United Kingdom Insolvency
Sa
Shepherd and Wedderburn LLP
See more
Article
Everything Forever All At Once – But Not Always: Webb And Hussain V Eversholt Rail Limited And Norton Rose Fulbright LLP.
The High Court of England & Wales recently examined the scope of liquidators' powers to request documents from related parties under the Insolvency Act 1986. When liquidators sought an 'everything forever' order requiring a sister company to produce all documents relating to the company in liquidation, the court had to balance the statutory duty to cooperate against the principle of proportionality and reasonable necessity.
United Kingdom Insolvency
Sa
Shepherd and Wedderburn LLP
Article
A New Approach To Challenges To CVAs? Advocate General For Scotland v Petrofac Facilities Management Ltd
The Court of Session has taken a novel approach to assessing unfair prejudice in CVA challenges, moving beyond traditional vertical and horizontal comparisons to consider broader equitable factors. This first reported Scottish decision in such circumstances could make predicting CVA challenge outcomes significantly more difficult if the approach is adopted in future cases.
United Kingdom Insolvency
Sa
Shepherd and Wedderburn LLP
See more