Nigel Boobier

Jul 9, 2024 | mondaq.com | Sarah Jordan |Nathalie Bowen |Nigel Boobier

How can creditors reduce the risk of a fixed charge being characterised as floating? The determination as to whether a charge over a valuable asset is fixed or floating can be crucial to a creditor's recovery in an insolvency. To have two cases over the course of little more than a year providing detailed analysis of the nature of fixed and floating charges is indeed a treat. Are there any practical steps creditors can take to reduce the risk of a fixed charge being characterised as floating?

Jun 24, 2024 | mondaq.com | Sam Furse |Claire Bundy |Nigel Boobier |Will Gunston

Osborne Clarke recently advised the administrators in two reported High Court cases which have confirmed that a "secured creditor" under section 248 of the Insolvency Act 1986 should be construed in the present tense, retaining the status of secured creditor only if it is still owed a debt by the company in administration.

Jun 21, 2024 | lexology.com | Sam Furse |Claire Bundy |Nigel Boobier |Will Gunston |Douglas Hawthorn |Aisling Connaughton | +1 more

Consent of secured creditors with no remaining economic interest is not needed to extend the administration of a companyOsborne Clarke recently advised the administrators in two reported High Court cases which have confirmed that a "secured creditor" under section 248 of the Insolvency Act 1986 should be construed in the present tense, retaining the status of secured creditor only if it is still owed a debt by the company in administration.

Apr 3, 2024 | mondaq.com | Nigel Boobier |Anna Perry

Directors of the special purpose vehicles created for PFI projects should be aware of the steps they need to take ahead of project expiry Almost 70 of the 500 PFI contracts will end in the next four years and generally involve the assets reverting back into public hands. Typically, PFI deals are structured with a special purpose vehicle (SPV) established to deliver the project, existing solely for the specific project contract.

Mar 28, 2024 | lexology.com | Nigel Boobier |Anna Perry

Directors of the special purpose vehicles created for PFI projects should be aware of the steps they need to take ahead of project expiryAlmost 70 of the 500 PFI contracts will end in the next four years and generally involve the assets reverting back into public hands. Typically, PFI deals are structured with a special purpose vehicle (SPV) established to deliver the project, existing solely for the specific project contract.