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[In]Solvency Matters: Testing the new corporate moratorium

Posted on 4 December 2023

In these bitesize clips the Insolvency Litigation team at Mishcon de Reya tackle key issues facing various sectors, key case law and legislative updates and market insights.

In this video, Megan Hulme examines a recent case in which the High Court granted a moratorium under Section A4 of the Companies Act 2006. This is a new form of moratorium introduced by the Corporate Insolvency and Governance Act 2020, and this is one of the first cases considering its use.

Specifically, this video covers:

  • When a company is eligible for such a moratorium
  • The application of the "better result" test for granting a moratorium
  • How the Court accounted for the social role of the applicant, a private school catering to 200 pupils

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