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Getting the Deal Through: Restructuring and Insolvency 2023

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Global restructuring hot topics

What's happening in the world of corporate rescue

In these unprecedented times, many businesses are having to look hard at how they can emerge from the economic downturn intact – and ideally stronger than before.

Below you will find all our latest thinking on restructuring and insolvency (R&I) trends around the world – and what they mean for parties across the R&I spectrum.

Blogs

Dutch Supreme Court provides clarity on aspects of the WHOA in Royal IHC judgment

On 25 October 2024, the Dutch Supreme Court ruled in a ground-breaking judgment in Royal IHC that a WHOA plan may change creditors’ and shareholders’ rights but cannot impose more onerous…

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

  • restructuring and insolvency

UK Listing Rules Reforms: Companies facing financial difficulty

On 29 July 2024 the new UK Listing Rules (UKLR) came into force, representing the most substantial overhaul of the rules in over three decades. For more information about these reforms and their…

Author(s): Hamish Hatrick, Nicholas Cooper, Lindsay Hingston, Jennifer McCarthy, Julian Makin, Tom Godwin, Richard Ho

  • restructuring and insolvency

Distressed carve-outs: great risks, great opportunities

Buying parts of a distressed company may offer great opportunities for buyers. When a company is struggling but not yet insolvent, external financing might dry up and the sale of non-core activities…

Author(s): Stefan Bajohr, Franz Aleth

  • carve-outs
  • restructuring and insolvency
  • mergers and acquisitions

NMC Healthcare – Fraudulent and Wrongful Trading under ADGM Law

The Abu Dhabi Global Market (the “ADGM”) courts have recently handed down their decision in NMC Healthcare Limited & Others v Shetty & Others ([2024] ADGMCFI 0007). The decision deals with several…

Author(s): Tabasam Faqir, Billy Liu, Craig Montgomery, Katharina Crinson

  • restructuring and insolvency

Sian Participation – revisiting the boundary between Insolvency and Arbitration under English Law

In the recent decision Sian Participation v Halimeda (Sian), the Judicial Committee of the Privy Council (the Privy Council) held on a BVI appeal that a winding-up petition should not be stayed or…

Author(s): Billy Liu, Craig Montgomery, Neil Golding, John Choong

  • restructuring and insolvency
  • disputes

UK National Security and Investment Act Update: what’s new on the horizon for restructuring & insolvency

The UK National Security and Investment Act came into force on 4 January 2022, significantly extending the UK Government’s power to investigate and intervene in transactions which pose, or could…

Author(s): David Bor, Katharina Crinson, Ken Baird

  • restructuring and insolvency

Multi process restructurings

Prompted by the EU Restructuring Directive and accelerated by the pandemic, jurisdictions all across Europe have completely transformed their restructuring regimes in recent years. This is part of a…

Author(s): Jamie Murray-Jones, Lindsay Hingston, Katharina Crinson

  • restructuring and insolvency

The continued development of contentious restructurings as litigation

Following a series of important decisions in England and across Europe, it is now beyond doubt that court-based restructuring processes should be approached from the outset as pieces of litigation.…

Author(s): Craig Montgomery, Katharina Crinson, Frank Clarke, Harry White, Xuan Boh

  • restructuring and insolvency

Freshfields Restructuring Expert leads the successful Dutch WHOA proceedings of McDermott

Amsterdam based Freshfields partner, Michael Broeders, was appointed on 10 October 2023[1]  by the Amsterdam Court as Restructuring Expert (herstructureringsdeskundige) to take over the conduct of…

Author(s): Michael Broeders, Lindsay Hingston, Mijke Sinninghe Damsté, Huub Boekhorst

  • restructuring and insolvency

Link Fund Solutions – Appeal of decision sanctioning scheme of arrangement

On 5 March 2024, Link Fund Solutions Limited’s scheme of arrangement took effect following the High Court’s decision on 9 February 2024 to sanction the scheme but stay its implementation for several…

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

  • restructuring and insolvency
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