Substance over Form: How the Rule in Gibbs lives on
Welcome To Mofo Restructuring Round-Up
Welcome to our site! We look forward to sharing our analysis of the statutory, regulatory, legal and business related developments in the insolvency and restructuring world with you.
You can expect articles, infographics and podcasts, as well as some interactive content, such as webinars and events. We would very much like to engage with you, so we encourage you to contact any of the authors or editors, should our content inspire or capture your interest or should you wish to discuss.
- Is the rule in Gibbs justifiable in the context of modern international insolvency laws or is England clinging to an outdated rule simply to keep restructurings here? The rule stems from an 1890 Court of Appeal Case, which holds that only English courts can... ›
Will Creditors Amend and Extend or Enforce With(out) Remorse?
There has been a series of warnings of an upcoming financial downturn; just too many strains on and impediments to the domestic and global economy, with inflation galloping and interest rates following, it seems – as the markets certainly believe – a downturn is... ›The Curious Case of VTB Bank’s UK Administration
On 6 April 2022, the English High Court made an administrative order in respect of the UK arm (VTB Capital) of Russia’s second largest bank, VTB Bank. VTB Capital is a designated entity under the UK sanctions regime, which has led to extensive asset... ›The Insolvency Practitioner’s Playbook: Making Sense of the UK Sanctions Regime
As Russia’s invasion of Ukraine continues, governments around the world are coordinating and responding with increasingly severe sanctions and export controls on Russian entities, institutions, and individuals. Insolvency practitioners first wonder whether sanctioned entities, or entities connected to sanctioned individuals, can enter into an... ›The National Security Investment Act 2021 and its Implications for Distressed Investments and Restructuring
This article explores transactions by buyers, lenders, security agents, and insolvency practitioners that may trigger the application of the UK’s new investment screening regime. Download the below infographic... ›Five Tips for Investor Directors in the Zone of Insolvency
Here are our top tips for investor appointed directors to help them navigate the complexities that arise when portfolio companies are in financial distress and investor interests diverge. View the full client alert.... ›Smile Telecoms’ restructuring plans considered at UK High Court hearing: questions of valuation and exclusion of out-of-the-money creditors
On 10 March 2022, the UK High Court held the adjourned sanction hearing regarding Smile Telecoms Holdings Limited’s (“Smile”) second proposed restructuring plan. Despite Smile Telecoms’ first restructuring plan being sanctioned by the UK High Court back in March 2021, the African telecommunications company... ›The Latest on Insolvent Schemes and Restructuring Plans
This update summarises the latest jurisprudence on insolvent schemes of arrangement (schemes) and restructuring plans (RPs), and provides an overview of the key themes that are emerging in this area. Download the below infographic Key Concepts and Notes Absolute priority rule – U.S. Bankruptcy... ›- - Webinars
What You Need to Know About Restructuring and the Energy Crisis
This webinar provides an overview of the relevant restructuring and insolvency tools applicable to energy suppliers, considerations of directors in response to the threat of insolvency, the consequential additional or changed duties, and risks of personal liability, and right experts needed to deliver a... › MoFo Perspectives: The Part 26A Restructuring Plan – A Year On and Beyond
Howard Morris, Amrit Khosa, and Jai Mudhar discuss the Part 26A restructuring plan and the legal developments that have unfolded since its introduction. This pragmatic and informative discussion is designed to equip our clients with the latest updates to help navigate the months ahead.... ›