Law Bankruptcy / Insolvency

Company Voluntary Arrangements

Edited by Elaine Nolan · Tom Smith QC
Oxford University Press February 2022

Specifications

ISBN-13
9780192842886
Publisher
Oxford University Press
Publication
February 2022
Format
Hardback , 416 pages
Jurisdiction
U.K. ? Countri(es) for reference only

Details

  • Definitive treatment of the law and practice in relation to CVAs
  • Covers key recent case law including the decisions in DebenhamsNew Look and Regis
  • Analyses the effect of key legislative developments including inter-action with the new Part 26A restructuring plan and Covid 19 legislation
  • Written by an expert team of market leaders offering practical guidance to professionals, investors, and academics

 

This is the most comprehensive book focusing on the law and practice of Company Voluntary Arrangements (CVAs), bringing together analysis of the recent case law and legislation in one volume.

CVAs originated in the 1980s as a simple restructuring tool for small businesses, but are now used in a wide variety of contexts, including by companies with real estate leasehold liabilities. Many high profile businesses have sought to take advantage of the flexibility of the procedure, and this has increased in light of the difficulties caused by the Covid 19 pandemic. The book considers recent judgments such as DebenhamsNew Look, and Regis, drawing out the legal principles that have been applied. Practical aspects relating to CVAs are considered in the context of the law including consideration of the relative benefits and disadvantages of a CVA, as compared with the new restructuring plan procedure under Part 26A of the Companies Act 2006.

Written by leading restructuring lawyers in the UK (in consultation with insolvency practitioners and accountants), UK property counsel and international counsel from Ireland, the USA and Canada.

This work is an essential resource for all insolvency and restructuring professionals, private equity investors, special situations investment and real estate funds, property agents and advisers, management teams and academics.

Table of Contents

1:Market Development, Kate Stephenson and Zoe Stembridge
2:CVAs in Wider Restructurings, James Watson and Hannah Crawford
3:Landlord CVAs, Kon Asimacopoulos, Adam Watterson, Richard Fleming, Clare Kennedy, Dan Butters, and Will Wright
4:CVAs in Practice, Partha Kar, Ann-Kathrin Ziegler, Sean Lacey, Thomas Jemmett, and Karim Kassam
5:The CVA Process from Preparation to Decision, Gabe Hartley
6:Jurisdiction, Effect of Approval, and Implementation, Henry Phillips, Madeleine Jones, and Daniel Judd
7:CVAs in the Cross Border Context, Elaine Nolan, Kate Stephenson, and Patrick F. O'Reilly SC
8:Challenges to CVAs, Tom Smith QC and Daniel Judd
9:Property Law Issues, John McGhee QC and James Ballance
10:Future Deployment and Comparison to the Restructuring Plan, Ian Clarke, Patrick Mackenzie, and Kai Zeng

About the Author

Edited by Elaine Nolan, Restructuring Partner, Kirkland & Ellis International LLP, and Tom Smith QC, Barrister, South Square

 

Elaine Nolan is a restructuring partner in the London office of Kirkland & Ellis International LLP. Elaine has led many market leading CVAs, and advises strategic investors, sponsors, insolvency practitioners, turnaround managers, directors, debtors and creditors in all forms of national and international financial restructurings and insolvencies.

Tom Smith QC specialises in commercial litigation and arbitration, banking and finance, corporate insolvency and restructuring and company law including investment funds (hedge funds and private equity). He also practices extensively in the fields of civil fraud and asset recovery, professional negligence and trusts.

 

Contributors:

Kate Stephenson
Zoe Stembridge
James Watson
Hannah Crawford
Kon Asimacopoulos
Adam Watterson
Richard Fleming
Clare Kennedy
Dan Butters
Will Wright
Partha Kar
Ann-Kathrin Ziegler
Gabe Harley
Henry Phillips
Madeleine Jones
Elaine Nolan
Patrick F. O'Reilly SC
Tom Smith QC
Daniel Judd
John McGhee QC
James Ballance
Ian Clarke
Patrick Mackenzie
Kai Zeng
Gavin Maher
Peter Crompton
Dan Stathis
Isabel Falkner
Arwyn Davies
Matteo Clarkson-Maciel
Joshua Sussberg
David Seligman
Neil Herman
Linc Rogers
Aryo Shalviri
Sean Lacey
Thomas Jemmett
Karim Kassam

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