Articles - DAC Beachcroft

Articles by Joe Bannister

Tenant Insolvency – Are Retail CVAs Falling Out Of Favour?

Tenant Insolvency – Are Retail CVAs Falling Out Of Favour?

Economic headwinds continue to make life difficult for retail and leisure operators.  Wilko, of course, is the latest high profile retailer to enter a ...

A question of fact or a point of principle? Rescue, Restructuring Plans and the Inland Revenue

A question of fact or a point of principle? Rescue, Restructuring Plans and the Inland Revenue

Background The Restructuring Plan, sometimes referred to as the "super scheme", was introduced under the Corporate Insolvency and Governance Act 2020. ...

Thinking the unthinkable: Some Lessons from the Silicon Valley Bank debacle

Thinking the unthinkable: Some Lessons from the Silicon Valley Bank debacle

Introduction Before the end of last week (10 March 2023) it would be fair to assume that the name “Silicon Valley Bank” (“SVB”) was not a household na ...

Implications of the Sequana decision for Directors and their advisers

Implications of the Sequana decision for Directors and their advisers

The Supreme Court’s recent judgment in BTI 2014 LLC v Sequana SA [2022] UKSC 25 is a significant decision for the law of directors’ duties.  It is the ...

Opening the floodgates: Will the current increase in insolvencies result in more claims against Insolvency Practitioners?

Opening the floodgates: Will the current increase in insolvencies result in more claims against Insolvency Practitioners?

The Autumn budget will have done little to ease the concerns of companies facing significant trading pressures as the country tries to get back on its ...

"Steady as we go?” Supreme Court clarifies, for the first time, when and how company directors owe a duty to a company’s creditors.

"Steady as we go?” Supreme Court clarifies, for the first time, when and how company directors owe a duty to a company’s creditors.

On 5 October 2022, the Supreme Court delivered its long awaited judgment in BTI 2014 LLC V Sequana SA [2022] UKSC 25 dismissing an appeal by BTI. Lord ...

Restructuring plans: magic bullet or unaffordable luxury?

Restructuring plans: magic bullet or unaffordable luxury?

The restructuring plan, based upon the Part 26 Companies Act 2006 Scheme of Arrangement, is both a relatively new procedure and one of the most powerf ...