In the dynamic field of restructuring, lawyers are tasked with guiding businesses through transformative processes to ensure financial stability and operational efficiency. This area demands a strategic approach to navigate corporate challenges, offering solutions that align with legal frameworks and business objectives.
The following Restructuring & Insolvency news provides comprehensive and up to date legal information on Restructuring & Insolvency weekly highlights—14 August 2025
The following Financial Services news provides comprehensive and up to date legal information on Car dealers arranging motor finance do not owe customers fiduciary duties (Johnson and others v FirstRand Bank Ltd and others)
The following Restructuring & Insolvency news provides comprehensive and up to date legal information on When is it too late to amend in insolvency proceedings? (Cohen and another v Co-Operative Group Ltd and others)
Role, powers, functions and duties of a liquidatorThe role and function of a liquidatorA liquidator is the officer appointed when a company goes into...
Bonds and notesThe terms ‘bonds’ and ‘notes’ are used interchangeably (and there is no legal difference between the terms), though notes tend to be...
Bankruptcy searchesBankruptcy searches at the Land Charges DepartmentWhen a bankruptcy petition is presented by a creditor, the court shall as soon as...
Basic introduction to super senior, senior, mezzanine and junior debtThe range of funding options open to companies has exploded, resulting in a vast...
Effect of equitable, contractual and structural subordinationSenior creditors will ensure that in addition to having better security rights over junior creditors, juniors are also subordinated to them, ie the priority of claims against the debtor is changed so that junior creditors creditor agree
Schemes of arrangement—convening hearing and sanction hearingConvening hearingPursuant to section 896 of the Companies Act 2006 (CA 2006), the court may order a meeting of the creditors or class of creditors, or of the members or class of members, to be summoned in such manner as the court directs.
If a beneficiary signs a deed of disclaimer of their share of an estate and the estate pays their legal fees, will that count as a PET against their estate?A disclaimer is the refusal of a gift prior to acceptance. The refusal of the gift must take place before the beneficiary accepts any benefit
Can shares in a limited company that have not been paid-up at all be cancelled?A limited company having a share capital may not alter that share capital, except in the ways listed in section 617 of the Companies Act 2006 (CA 2006). Shares in a company cannot simply be cancelled without following an
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