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Dispute Resolution Law Blog

23 November 2022

Enough is Nuffield? Cross Class Cram Downs v landlords

The thorny issues of Restructuring Plans, “cross class cram down” and CVAs, have probably been dirty words in commercial landlord circles for some time. Landlords would be forgiven for feeling a bit hard done by too. These flexible restructuring tools, whilst hugely beneficial to struggling companies (like tenants), have been perceived as unfairly prejudicial to landlords’ interests. There is a growing scrapheap of authorities of unsuccessful challenges by landlords that arguably support this view from: JJB Sports plc (CVA)(2009), Debenhams (CVA)(2019) right through to recent examples like Deep Ocean (Restructuring Plan)(Jan 2021), New Look (CVA)(May 2021), Regis (CVA)(May 2021) and Virgin Active (Restructuring Plan)(May 2021). 

23 November 2022

Turn the lights out

As winter draws near, the days grow shorter, temperatures dip, and businesses will be turning on the lights longer and the heating up higher; all leading to higher energy bills. But, with continuing volatility in the energy market, how many businesses can afford to do so and will energy bills sound their death knell? 

23 November 2022

Removing the façade: A look behind the Building Safety Act 2022

It is five years since the tragic Grenfell disaster but defective cladding/dangerous living conditions and fire safety are still very much hot news. But, you may be asking, why is this relevant to insolvency practitioners?

Lucy Edwards

10 November 2022

Green related lawsuits: the sign of things to come

While world leaders convene in Egypt for Cop 27 to discuss progress on The Paris Agreement, the legally binding international treaty on climate change adopted in 2016, it is easy to think the green agenda is something remote from day-to-day business for UK SME owners.

Katie Allard

9 November 2022

Civil Fraud Quarterly Round-Up: Q3 2022

This quarterly civil fraud update provides a summary of reported decisions handed down in the courts of England and Wales in the period July - September 2022.

Mary Young

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