Defects in Administration Appointments and Extensions – Assume the worst and remedy on that basis?(UK)

There is something to be said for “assume the worst” when it comes to defects in administration appointments and extensions.  The court has taken this approach in a few cases where, rather than trying to work out the intricacies and effect of a defect on an appointment or extension, it has assumed the worst (i.e invalidity) and made a retrospective order to remedy the position. 

There is much to be said for this approach, which stems from the Bradford Bulls Read the rest

China Issues Measures for the Administration of National Cybersecurity Incident Reporting – Published in collaboration with Shanghai Pacific Legal

In a significant regulatory development, the Cyberspace Administration of China (CAC) has officially issued the Measures for the Administration of National Cybersecurity Incident Reporting (the Final Reporting Measures), which will take effect on 1 November 2025. This follows the release of a draft version in late 2023 and marks the first comprehensive, cross-sector regulation governing cybersecurity incident reporting in China.

The Final Reporting Measures represent a major step forward in China’s cybersecurity governance framework, offering more detailed … Read the rest

(UK) The Court Considers the Question of Whether Secured Creditor Consent is Required to an Administration Extension Again. “Too Good” to be True?

No, it isn’t.  We now have two cases where the Court has confirmed that insolvency practitioners do not need the consent of paid secured creditors when extending an administration under para. 78 of Schedule B1 of the Insolvency Act 1986 (the “Act”).

In Boughey & Anor v Toogood International Transport and Agricultural Services Ltd [2024] EWHC 1425 (Ch) (“Toogood”)the judge agreed with the conclusions reached in the recent Pindar case – see our blog on this – concerning the interpretation … Read the rest