The recent decision in CDI Realisations Limited is a short one, but it sits against a much longer-running debate about creditor consent for administration extensions and, in particular, when creditor status should be assessed for these purposes.
While the facts
When a business runs into financial difficulties and proposes a Company Voluntary Arrangement (“CVA”), landlords, insolvency practitioners and local authorities can disagree about who should pick up the bill for business rates on empty leasehold premises – the landlord, or
When a company enters administration, the administrators must set out proposals explaining how they intend to achieve the purpose of the administration, but what happens when creditors refuse to approve those proposals? A recent decision in Re PPE Medpro Limited
In a world where it is much more common to send someone a text, a WhatsApp message, email or other electronic communication, than type a letter or put pen to paper, the Court does find itself now and again considering
Following our previous blog Revolution Bars: When is a meeting really a meeting?” Mr Justice Hildyard has, in Re Argo Blockchain Plc[1], affirmed the position that a creditor can only approve a restructuring plan (“RP”) if at
The Employment Appeal Tribunal (EAT)[1] upheld an employment tribunal’s decision that the claimant, Mr Chaudhry, could not recover a basic award for unfair dismissal following their employer’s insolvency unless an employment tribunal had determined the claim and made an
At the beginning of 2025 we shared our predictions on what we expected to see in the R&I market over the course of the year. How did we do?
Despite meeting statutory jurisdictional requirements under Part 26A of the Companies Act 2006, the High Court declined to exercise its discretion in favour of sanctioning Waldorf Production UK Plc’s restructuring plan in August 2025due to concerns about fair allocation of
On December 1, 2025, the United States District Court for the Southern District of New York (Honorable Denise Cote) entered an opinion and order that struck third-party releases and a related injunction in a confirmed Chapter 11 Plan (the “Plan”)
On insolvency, the pari passu principle applies, meaning unsecured creditors rank equally in the distribution of available assets. That principle helps explain why a creditor who has obtained a judgment debt but has not completed enforcement (for instance by obtaining
