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Nov 1, 2024 | 
natlawreview.com | Helena Clarke
Earlier this year ICC Judge Baister handed down judgment in the case of UKCloud Ltd, building on the decision in Avanti[1] by providing further analysis around the distinction between fixed and floating charges – following a dearth of caselaw on the point since Spectrum.[2]This blog pulls together some of the key messages and practical takeaways from the case.
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Sep 16, 2024 | 
lexology.com | John Alderton |Russ Hill |Monika Lorenzo-Perez |Charlotte Møller |Devinder Singh |Jon Chesman | +10 more
Categorisation of a charge as fixed or floating will have a significant impact on how assets are dealt with on insolvency and creditor outcomes. Typical fixed charge assets include land, property, shares, plant and machinery, intellectual property such as copyrights, patents and trademarks and goodwill.
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Jul 18, 2024 | 
squirepattonboggs.com | John Alderton |Monika Lorenzo-Perez |Devinder Singh |Helena Clarke
Categorisation of a charge as fixed or floating will have a significant impact on how assets are dealt with on insolvency and creditor outcomes. Typical fixed charge assets include land, property, shares, plant and machinery, intellectual property such as copyrights, patents and trademarks and goodwill.
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Apr 19, 2024 | 
natlawreview.com | Helena Clarke
Last year we discussed the impact of funding insolvency litigation following the Supreme Court decision in PACCAR where the court found that litigation funding agreements (LFAs) were damaged based agreements. This meant that unless LFAs complied with the Damages Based Agreements Regulations 2013 (DBA Regulations), they were unenforceable.
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Apr 17, 2024 | 
lexblog.com | Helena Clarke |Rachael Markham
Last year we discussed the impact of funding insolvency litigation following the Supreme Court decision in PACAR where the court found that litigation funding agreements (LFAs) were damaged based agreements. This meant that unless LFAs complied with the Damages Based Agreements Regulations 2013 (DBA Regulations), they were unenforceable.
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Mar 1, 2024 | 
law360.com | Helena Clarke |Charlotte Møller
ADVERTISEMENT Don't want ads? Subscribe or login now. By Helena Clarke and Charlotte Møller (March 1, 2024, 4:48 PM GMT) -- Changes are afoot to the statutory regime governing special administrations for regulated water companies, following the publication of a suite of new legislation....
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Mar 1, 2024 | 
law360.co.uk | Helena Clarke |Charlotte Møller
ADVERTISEMENT Don't want ads? Subscribe or login now. By Helena Clarke and Charlotte Møller (March 1, 2024, 4:48 PM GMT) -- Changes are afoot to the statutory regime governing special administrations for regulated water companies, following the publication of a suite of new legislation....
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Feb 12, 2024 | 
natlawreview.com | Helena Clarke
Skip to main content February 12, 2024 Volume XIV, Number 43 Legal Analysis. Expertly Written. Quickly Found. Trending News Changes to the UK Water Special Administration Regime – Do Pension Trustees of Water Industry Schemes Need to Care?
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Feb 12, 2024 | 
lexblog.com | Helena Clarke |Charlotte Møller
Changes are afoot to the statutory regime governing special administrations for regulated water companies (the SAR) following the publication of a suite of new legislation. Impact of the changes on pension trusteesFurther details of the changes are set out below, but perhaps the most significant change for creditors generally, and pension trustees in particular, is the update to the insolvency waterfall to allow for priority payment of government funds.
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Feb 12, 2024 | 
lexology.com | Helena Clarke |Charlotte Møller
Changes are afoot to the statutory regime governing special administrations for regulated water companies (the SAR) following the publication of a suite of new legislation. Impact of the changes on pension trusteesFurther details of the changes are set out below, but perhaps the most significant change for creditors generally, and pension trustees in particular, is the update to the insolvency waterfall to allow for priority payment of government funds.
