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Restructuring Globalview
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Restructuring Globalview
New Fortress Energy restructuring: Cross-border agreement on “good forum shopping”
On June 18, 2026, the English High Court sanctioned two interconnected restructuring plans that will eliminate approximately US$9.6 billion of debt and implement a broader operational reorganization of the group.…
Restructuring Globalview
MVLs (again) – HMRC issues new Novalpina Guidance (UK)
With the anticipated appeal in Novalpina having been heard at the end of last month, practitioners will be watching closely to see what the courts have in store for solvent…
Restructuring Globalview
Why getting a Statutory Declaration right matters in an MVL (UK)
When placing a company into Members’ Voluntary Liquidation ("MVL"), the statutory declaration of solvency is not simply a box‑ticking exercise. The recent High Court judgment in Greenbank Technology Ltd (in…
Restructuring Globalview
Second Review of the UK Insolvency Rules: Evolution Rather Than Revolution?
By Rachael Markham, John Alderton
The Insolvency Service has launched its Second Review of the Insolvency (England and Wales) Rules 2016 and the Insolvency (Scotland) (Company Voluntary Arrangements and Administration) Rules 2018. While this is…
Restructuring Globalview
Moratorium Debts, Litigation Funding and the Limits of “Super Priority” (UK)
In Cross Transport Ltd (In Administration) [2026] EWHC 1636 (Ch) the Court was asked to consider the “super priority” status afford to protected moratorium debts in the context of a…
Restructuring Globalview
MVLs: The Insolvency Service’s Review Following Novalpina (UK)
In NOAL SCSp v Novalpina Capital LLP [2025], the court took a strict view of the statutory requirement that companies entering a member’s voluntary liquidation (MVL) must be able to…
Restructuring Globalview
Invalid Administration Appointment, Procedural Defects and Substantial Injustice (UK)
The case of Currie & Anor v Fission Recruitment Services Ltd [2026] EWHC 1369 (Ch) (13 March 2026) is (we think) the only case to provide an example of what…
Restructuring Globalview
Delaware Court Upholds Receiver’s Decision to Include Bidder in Auction Despite Alleged Information Advantage
B.E. Capital Management Fund LP v. Fund.com Inc., C.A. No. 12843‑JTL (Del. Ch. Apr. 10, 2026) INTRODUCTION Can a successor receiver let a past receiver, removed for being a “faithless…
Restructuring Globalview
Court of Appeal Refocuses the s.238 Test: Identifying the Real Transaction (UK)
By Julia Koziel, Samuel Baines
The Court of Appeal’s recent judgment in TAQA Bratani Limited (“TAQA”) & Others v Fujairah Oil & Gas UK LLC & Others [2025] EWCA Civ 1669 provides clarity on how…
Restructuring Globalview
Amendments to the Insolvency Rules Provide Welcome Clarification (UK)
Ahead of the Insolvency Rules Review expected this summer, the Insolvency Service have published a new statutory instrument (SI) that will come into force on 22 June. This seeks to…