Publications

FOD

New Look Examinership Provides Guidance for Retailers Facing an Uncertain Future

21 October, 2020

As the economy continues to struggle with the ongoing impact of covid-19, the retail sector will likely come under further significant pressure. In this context, many companies will seek the Court’s protection from creditors through an examinership process to ensure survival and long term viability. On 14 October 2020, Mr Justice McDonald handed down a […]

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UK test case on Covid-19 business interruption insurance is a positive result for policyholders

15 September, 2020

Today’s judgment by the High Court of England and Wales in the test case of The Financial Conduct Authority v Arch and Others brings some helpful guidance in relation to the potential interpretation of Business Interruption Insurance coverage arising from the losses incurred from the Covid-19 pandemic. This decision may be given significant weight when […]

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Going Concern Considerations

2 July, 2020

Presumption of carrying on business as a Going Concern Paragraph 11 of Schedule 3 of the Companies Act 2014 (the “Act”) provides that the amounts to be included in the financial statements of a company are to be determined in accordance with accounting principles set out in Paragraphs 12 to 17 of Schedule 3 of […]

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Contracts and Litigation, post Covid-19, a new dawn?

4 June, 2020

Yards of column inches and numerous journals have been devoted to coverage of this pandemic and the correlating restrictions which are having a serious effect on the ability of many businesses to perform their contractual obligations. Such obligations can be for the delivery or receipt of goods or services ordered prior to the Covid 19 […]

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The Process of Examinership

20 April, 2020

As companies of all sizes continue to grapple with the continued uncertainty created by the Covid-19 crisis, problems of liquidity and solvency will become more widespread. What is Examinership? An examinership involves the court placing a company under its protection to enable a court appointed examiner to investigate its affairs and to report to the […]

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