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PRACTICE NOTES
Name of parties and citation(s) Judgment date Subject Analysis Elser v Sands (as chairman of the meeting of creditors/joint nominee/joint supervisor of the voluntary arrangement in respect of Rory McCarthy) [2022] EWHC 32 (Ch) 22 December 2021 Material irregularity at meeting of creditors Votes at meeting reversed on grounds of material irregularity (Elser v Sands) AFM (1932) Ltd v Belisco Estates Ltd [2021] EWHC 3460 (Ch) 21 December 2021 Consideration of complex web of transactions to discern legitimate justifications for payments made The Great Gatsby and Insolvency: The Insolvency and Companies Court considers a complex web of transactions where ‘nothing is as it seems’ in (AFM (1932) Ltd v Belisco Estates Ltd) Magan v Wilton Management Ltd [2021] EWHC 3393 (Ch) 17 December 2021 Annulment of a bankruptcy order under section 282(1)(a) of the Insolvency Act 1986 (IA 1986) Annulment of a bankruptcy order (Magan v Wilton Management Ltd) Re Bulb Energy Ltd [2021] EWHC 3680 (Ch) 15 December 2021 Special administration regime applying to
PRACTICE NOTES
January 2021 Date Event 1 January 2021 The Hague Convention of 30 June 2005 on Choice of Court Agreements (Hague Convention) enters force for the UK from 1 January 2021; previously the UK was a party to the Hague Convention through its membership of the EU, which has ceased on Brexit. The instrument of accession to the Hague Convention ensures that the UK continues to be bound after the end of the transition period.See: LNB News 29/09/2020 49. 1 January 2021 Dutch scheme under the Dutch Act on the Confirmation of Private Plans (in Dutch: Wet Homologatie Onderhands Akoord, and in short: the ‘WHOA’) became effective.See News Analysis: The new Dutch scheme and Practice Note: Restructuring and insolvency—Netherlands—Q&A guide. 1 January 2021 Germany’s new scheme under the German Act on the Stabilisation and Restructuring Framework for Companies (Gesetz über den Stabilisierungs-und Restrukturierungsrahmen für Unternehmen) (StaRUG) became effective from 1 January 2021.See Practice Note: Restructuring and insolvency—Germany—Q&A guide. 1 January 2021 Australia’s new restructuring plan for small businesses
PRACTICE NOTES
ARCHIVED This Archived Practice Note draws together content on the fiscal events throughout the tax year 2021–22 starting with the publication of draft provisions for Finance Bill 2022 (FB 2022) to the passage through parliament of the Finance Act 2022 (FA 2022). It is not maintained and is for background information only. For more information on the annual Budget and Finance Bill process, see Practice Note: The Budget and Finance Bill process. Finance Act 2022 Finance Bill 2022 (officially known as the Finance (No 2) Bill, because it is the second Finance Bill of the 2021–22 Parliamentary session, and also known as Finance Bill 2021–22) was published
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note draws together content on the fiscal events throughout the tax year 2021–22 starting with the publication of draft provisions for Finance Bill 2022 (also known as Finance Bill 2021–22) to the expected passage through parliament of the Finance Act 2022 (FA 2022). For more information on the annual Budget and Finance Bill process, see Practice Note: The Budget and Finance Bill process. Finance Bill 2022 Finance Bill 2022 (FB 2022) (officially known as the Finance (No 2) Bill, because it is the second Finance Bill of the 2021–22 Parliamentary session, and also known as Finance Bill 2021-22) was published on 4 November 2021.  For an
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. Name of parties and citation(s) Judgment date Subject News Analyses Pickering v Hughes [2022] EWHC 3359 (Ch) 23 December 2022 Unfair prejudice petition under section 994 of the Companies Act 2006 Unfair prejudice claim in a long-standing family dispute has failed (Pickering v Hughes) Re Lehman Brothers International (Europe) (in administration); Grant v FR Acquisitions Corporation (Europe) Ltd [2022] EWHC 3366 (Ch) 23 December 2022 Part 36 and administrators’ offer Part 36 applied to Administrators’ offer (Re LBIE v FR Acquisitions) Re Veon Holdings BV [2022] EWHC 3473 (Ch) 21 December 2022 Principles to apply in determining class composition in schemes of arrangement Schemes of arrangement—class composition (Veon Holdings BV) Kaye v Lees [2022] EWHC 3326 (KB) 21 December 2022 Breathing Space Regulations, subrogated debt and enforcement action Breathing Space Regulations, subrogated debt, and enforcement (Kaye v Lees) Stanford International Bank Ltd (in liquidation) v HSBC Bank plc [2022] UKSC 34, [2022]
PRACTICE NOTES
January 2022 Date Event 4 January 2022 National Security and Investment Act 2021 comes fully into force together with the supporting regulations (National Security and Investment Act 2021 (Monetary Penalties) (Turnover of a Business) Regulations 2021, SI 2021/1262, National Security and Investment Act 2021 (Procedure for Service) Regulations 2021, SI 2021/1267 and National Security and Investment Act 2021 (Notifiable Acquisition) (Specification of Qualifying Entities) Regulations 2021, SI 2021/1264).See: Government press release and Practice Note: FAQs for insolvency professionals on the National Security and Investment Act 2021. 12 January 2022 The Prudential Regulation Authority (PRA) has published policy statement PS1/22, which provides feedback to responses to consultation paper CP16/21 and contains the updated statement of policy on the PRA’s approach to insurance business transfers. This PS is relevant to PRA-authorised insurers, including the Society of Lloyd’s and its managing agents. It is also relevant to mutuals and friendly societies.See: LNB News 12/01/2022 64. 26 January 2022 On 26 January 2022, the Civil Jurisdiction and Judgments (2005 Hague Convention and 2007 Hague Convention)
PRACTICE NOTES
ARCHIVED: This Practice Note draws together content on the fiscal events throughout the tax year 2022–23 starting with the Spring Statement on 23 March 2022 to the Finance Act 2023 (FA 2023) and the passage through Parliament of the second Finance Act of 2023. For information on Autumn Finance Bill 2022, which became Finance Act 2023 (FA 2023), and Spring Finance Bill 2023, detailing both Bills’ progress through Parliament towards Royal Assent and describing their key provisions, see: Tax—Finance Bills 2022–23 tracker. For more information on the annual Budget and Finance Bill process, see Practice Note: The Budget and Finance Bill process. Spring Finance Bill 2023 Spring Finance Bill 2023 (Finance (No 2) Bill 2023) was published on 23 March 2023 and is expected to lead to the second Finance Act of 2023 (Finance (No 2) Act 2023). Our analysis includes: • Spring Finance Bill 2023—Private Client analysis • Publication of Spring Finance Bill 2023 Spring Budget 2023 The Spring Budget 2023 was delivered by the Chancellor
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note draws together content on the fiscal events throughout the tax year 2022–23 starting with the Spring Statement on 23 March 2022 to the passage through Parliament of the Finance (No 2) Act 2023. For more information on the annual Budget and Finance Bill process, see Practice Note: The Budget and Finance Bill process. Spring Budget 2023 The Chancellor of the Exchequer delivered his Spring Budget on Wednesday, 15 March 2023. Our analysis includes: • Spring Budget 2023—Tax analysis—a summary of the key business tax announcements in the Spring Budget and views from leading tax practitioners, • Spring Budget 2023—key tax announcements video—by Malcolm Pengelly, Tax Principal at BDO UK • Spring Budget 2023—tax announcement video analysis—by Heather Self, Corporate Tax Partner and Neil Lancaster, Private Client Partner at Blick Rothenberg LLP • Spring
NEWS
The Pensions and Lifetime Savings Association (PLSA) has published a summary of the key issues addressed in the 2023 Local Authority Forum. Sector experts spoke about issues such as securities fraud, the pensions gap and cyber security risks.
PRACTICE NOTES
ARCHIVED: This Practice Note is archived and not maintained. For further information, please see Practice Note: 2024: Key Restructuring & Insolvency cases [Archived]. Name of parties and citation(s) Judgment date Subject News Analyses Guy v Brake [2023] EWHC 3179 (Ch), [2024] All ER (D) 19 (Jan) 14 December 2023 Issue of costs where there is no successful party The issue of costs where there is no successful party (Guy v Brake) Worsley v Gould [2023] EWHC 3181 (Ch), [2023] All ER (D) 91 (Dec) 14 December 2023 Unfair prejudice petition and ascertaining the terms of a joint venture Ascertaining the terms of a joint venture as part of an unfair prejudice petition (Worsley v Gould and others) Bouchier v Booth [2023] EWHC 3195 (Ch) 13 December 2023 Fraudulent trading (IA 1986, s 213) and fraudulent breach of directors’ duties (CA 2006, s 172) Insolvency—£19m fraudulent trading claim upheld (Bouchier v Booth) Re Wifime Ltd (in liquidation) [2023] EWHC 3072 (Ch), [2023] All ER (D) 57 (Dec) 5 December 2023 Applications
PRACTICE NOTES
ARCHIVED: This Practice Note is archived and no longer maintained. For more information, please see 2024: Key dates for restructuring and insolvency professionals [Archived]. Last updated: 20 September 2023 January 2023 Date Event 31 January 2023 The transitional period of six months from 1 August 2022, to allow overseas entities to get their registrations in place ends. Restrictions entered on title registers for qualifying estates owned by overseas entities bite.See Practice Note: The register of overseas entities and its impact on loan transactions (Economic Crime (Transparency and Enforcement) Act 2022). February 2023 Date Event 6 February 2023 Second Reading of the Retained EU Law (Revocation and Reform) Bill in the House of Lords.See: LNB News 26/01/2023 34 and LNB News 30/01/2023 71 and News Analysis: Retained EU Law (Revocation and Reform) Bill—impact for restructuring and insolvency. 6 February 2023 The Bankruptcy and Debt Arrangement Scheme (Miscellaneous Amendment) Regulations 2023 come into force in Scotland. The amendments include no minimum debt level to access Minimal
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note is a summary of the key legal developments that impacted immigration lawyers from mid 2023 to the end of 2024. For key legal developments in 2025, see Practice Note: 2025 Immigration tracker [Archived]. For upcoming key immigration law developments, see: Immigration—horizon scanner. Key dates Development Key date(s) Further reading Illegal Migration Act 2023 (IMA 2023) Received royal assent on 20 July 2023, with certain sections in force straight awayOther sections of the Act were brought into force by regulationsThis Act was passed by the previous Conservative government. In July 2024 the new Labour government introduced regulations amending the date of application of the duty to remove in section 2 of the Act. Instead of the duty to remove having retrospective effect, meaning that it applies to any person who arrived on or after the day on which the IMA 2023 received Royal Assent (20 July 2023), the date of application now refers to the day on which section 2 will come into