Significant recent developments in the UK’s insolvency regime—a creditor’s perspective

Table of contents

• Corporate Insolvency and Governance Act 2020 (CIGA 2020)
• A new free-standing company moratorium process
• Distinguishing categories of debt
• Effect on creditors
• Extension of statutory controls on termination clauses in supply contracts
• Effect on creditors
• Limitations on the scope of IA 1986, s 233B
• Potential changes in market practice to adapt to the effects of IA 1986, s 233B
• A powerful new cross-class cram down mechanism
• Approval of restructuring plans

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Article summary

Restructuring & Insolvency analysis: Oliver Humphrey, John Tillman and Danny Knowles from Hogan Lovells’ insolvency disputes practice in London discuss current trends and developments at the intersection between insolvency and dispute resolution, including a rundown of some of the latest legislative changes, and issues to consider when litigating against parties in financial distress.