Update on Case Law Developments in English Restructuring
This client alert will focus on three of the key recent cases of
the past six months, each of which features the use of English law
restructuring tools for non-English companies. Whilst the wave of
recent restructurings has slowed in recent times given the uptick
in the European economy, these cases are likely to be cited as
precedents in the future and the case law developments will be of
assistance in the event there is rise in the number of
restructurings which may be expected as interest rates rise in the
next few years.
In the decade leading up to the Great Recession which commenced
in 2008, many European jurisdictions took significant measures to
update their antiquated insolvency regimes. The Spanish updated
their 1898 insolvency laws in 2003, the Italians updated their 1942
bankruptcy laws in 2005, the French updated their 1984 laws in
2005, the Germans amended their regime in 1999, and finally the
