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Post-LAPSO landscape – how have the changes affected insolvency claims?

The Ministry of Justice is seeking feedback from key stakeholders on the impact of Part 2 of the LAPSO reforms, which abolished the recoverability of success fees under CFAs and after the event insurance premiums. Until April 2015 insolvency claims were exempt, enabling insolvency practitioners to pursue claims and if successful recover any success fee … Continue Reading

Insolvency Professionals – you need to know about this!! – proposals to increase the powers of The Pensions Regulator (“TPR”) may have an adverse impact on rescues and deter companies and their directors from seeking insolvency advice

The Department for Work and Pensions has issued a consultation paper which seeks to strengthen the powers of TPR in connection with defined benefit pension plans, coming in response to recent corporate failures which had pension plans with significant deficits. The proposals introduce four new “notifiable events” in addition to those that already exist, the … Continue Reading

Revised Insolvency Practice Direction Published

The revised Insolvency Practice Direction has been published and approved with effect from 4 July.  This replaces the PD published in April this year.  The revisions (primarily dealing with the distribution of specialised insolvency work) widen the scope of work which can be undertaken in local courts, whilst also giving the ability to transfer insolvency … Continue Reading

German Federal Civil Court strengthens Leasing Receivables Securitisation, Factoring and Asset Based Lending in the Lessor’s Insolvency

In Germany, securitization SPVs, factoring companies and asset based lenders take security over the leased assets owned by the leasing company by way of a security transfer of title. However, in all cases of a leasing company’s insolvency where the leasing company has still possession of the assets, the owner of the security in the … Continue Reading

Contracts via email – potential pitfalls

A recent decision of the High Court (Goel and another v Grant and another [2017] EWHC 2688 (Ch)) has provided a useful reminder that care must be taken when administrators enter into pre-contract negotiations and the risk of inadvertently entering into a binding contract before terms are finalised. It also deals with the risks of disposing … Continue Reading

Happy Holidays!

eSquire Global Crossings will be on holiday until the New Year.  We look forward in 2018 to continuing to bring our readers observations and insights on significant restructuring and insolvency issues, cases and developments from the United States, the United Kingdom, Europe, Australia and around the world.  We wish everyone a happy holiday and a great New … Continue Reading

Bitcoin is doomed. Long live the blockchain

As part of our series on blockchains and cryptocurrencies, John Danahy, a partner in Squire Patton Boggs’ London office, explores the recent meteoric rise in the value of Bitcoins, the potential for their collapse and the systemic risk posed to the larger economy. Click here to read his article.… Continue Reading

Happy Holidays!

eSquire Global Crossings will be on holiday until the New Year.  We look forward in 2016 to continuing to bring our readers observations and insights on significant restructuring and insolvency issues, cases and developments from the United States, the United Kingdom, Europe, Australia and around the world.  We wish everyone a happy holiday and a great … Continue Reading
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