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Restructuring and insolvency

Crafting the optimal outcome

We have led on some of the biggest and most high-profile cross-border restructurings of recent years.

Our team has a wealth of experience acting for stakeholders involved in corporate restructurings or experiencing financial stress. We help boards of directors steer corporates through troubled waters, and advise global investment funds, asset managers, banks, bondholders and other lenders on debt and corporate restructurings.

We also work closely with our sector dedicated practitioners to build a deep understanding of the business and its financial pressure points. The team focuses on implementing sustainable solutions and managing the diversity of stakeholder expectations from start to finish. We are proud of our reputation for taking a pragmatic and commercial approach to speed up lengthy processes and achieve the best outcome for our clients.     

Client successes

Restructuring and insolvency

  • Distressed acquisitions
  • Formal insolvency proceedings
  • Schemes of arrangement
  • Special situations

Blogs

GAS – HMRC successfully opposes another restructuring plan by challenging the expert evidence and overall fairness

On 16 May 2023, Mr Justice Adam Johnson in the High Court refused to sanction the restructuring plan proposed by The Great Annual Savings Company Limited (GAS) following objections from HMRC. GAS had…

Author(s): Craig Montgomery, Frank Clarke, Alice Gossop, Katharina Crinson

  • restructuring and insolvency

HMRC successfully opposes restructuring plan amid concern over being routinely crammed down

The High Court refused to sanction the restructuring plan put forward by Nasmyth Group Limited (Nasmyth) pursuant to Part 26A of the Companies Act 2006 on 28 April 2023, despite both statutory…

Author(s): Chloe Ball, Katharina Crinson, Craig Montgomery

  • restructuring and insolvency

Insolvencies remain high - but the restructuring plan is starting to take off

The UK’s latest quarterly insolvency statistics have been published and, as predicted, continue to show a high rate of insolvencies, both in relation to pre-pandemic numbers and by comparison to last…

Author(s): Nicholas Cooper, Olivier Watling, Katharina Crinson, Craig Montgomery

  • restructuring and insolvency

Groundbreaking Royal IHC Restructuring: Dutch scheme proves itself (again) as highly effective and flexible restructuring tool

Since the Dutch Act on Court Confirmation of a Private Restructuring Plan (“WHOA” or “Dutch Scheme”) entered into force on 1 January 2021, Dutch Courts have rendered over 200 judgments. On 9 March…

Author(s): Huub Boekhorst, Tim Elkerbout, Michael Broeders

  • restructuring and insolvency

Lifeways group – sanction provides helpful case law on requirements for attendance at creditor meetings

At the end of February 2023, the High Court sanctioned seven restructuring plans for companies in the Lifeways group. Lifeways is a group providing supported living and specialist residential,…

Author(s): Katharina Crinson, Lindsay Hingston, Rachel Seeley

  • restructuring and insolvency

The WHOA in 2023: The Restructuring Directive implemented in the Netherlands

The Dutch Act implementing the EU Directive on Insolvency, Restructuring and Second Chance (the Restructuring Directive) enters into force on 1 January 2023 and will amend the current Act on Court…

Author(s): Charlotte Ausema

  • restructuring and insolvency

Proposal for an EU directive on the harmonisation of certain aspects of insolvency law

On 7 December 2022, the European Commission published its proposal for a directive of the European Parliament and of the Council harmonising certain aspects of insolvency law (COM(2022) 702;…

Author(s): Susanne Hoerrmann, Silvia Angos, Charlotte Ausema

  • restructuring and insolvency

Lexology Getting the Deal Through: Restructuring & Insolvency – 2023 edition now out

We are delighted to announce that the 2023 edition of Lexology Getting the Deal Through: Restructuring & Insolvency is now available. The publication covers 42 jurisdictions, each with its own…

Author(s): Katharina Crinson, Catherine Balmond, Richard Tett

  • restructuring and insolvency

The UK's latest company insolvency statistics: macro-economic headwinds continue to bite

As expected, the UK's latest quarterly company insolvency statistics, published on 28 October, follow the pattern of previous quarterly updates this year with the number of insolvencies continuing to…

Author(s): Ken Baird, Kevin Connolly, David Bor

  • restructuring and insolvency

Supreme Court holds that a creditor’s interest duty exists, what its content is and when it is engaged

Summary The Supreme Court held that when directors know, or ought to know, that the company is insolvent or bordering on insolvency, or that an insolvent liquidation or administration is probable,…

Author(s): Katharina Crinson, Ken Baird

  • restructuring and insolvency
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