Myerson Webinar | Administration vs Liquidation - Restructuring Tools &Antecedent Claims

Administration or liquidation? CVA or restructuring plan? How do you recover value through antecedent claims? In this in-depth insolvency webinar, the specialist restructuring team at Myerson Solicitors explore the legal tests, strategic considerations and recent case law shaping corporate insolvency and restructuring in England and Wales. Covering administration, liquidation, company voluntary arrangements (CVAs), Part 26A restructuring plans, cross-class cram down, HMRC challenges and antecedent transaction claims, this session provides practical guidance for directors, lenders, creditors and insolvency practitioners navigating financial distress. Whether you are advising on statutory purpose tests under the Insolvency Act 1986, analysing better-than-liquidation comparisons, or preparing to challenge a restructuring plan, this webinar delivers clear, commercially focused insight grounded in current authority. ⏱️ Timestamps 00:00:01 – Introduction and agenda overview Administration vs Liquidation: Making the Right Call 00:01:08 – When is administration appropriate? 00:02:06 – Statutory test under Schedule B1 Insolvency Act 1986 00:03:16 – Cash flow vs balance sheet insolvency (Section 123) 00:04:23 – Statutory purpose and hierarchy of objectives 00:07:31 – Evidence required to justify administration 00:08:10 – Pre-pack administrations: benefits and risks 00:12:24 – SIP 16 and connected party regulations 00:16:44 – Trading administrations: advantages and liabilities 00:19:03 – When liquidation is legally safer 00:21:02 – Judicial scrutiny and documenting decision-making CVAs vs Part 26A Restructuring Plans 00:22:24 – CVAs as a restructuring tool: strengths and limitations 00:25:57 – Introduction of restructuring plans (Corporate Governance and Insolvency Act 2020) 00:27:01 – Cross-class cram down explained 00:29:02 – Recent Court of Appeal guidance on cram down 00:33:02 – Cramming down HMRC: key decisions 00:35:20 – Fairness and pari passu treatment (Adler principles) 00:36:30 – Can SMEs use restructuring plans? 00:40:02 – Lessons from retail and hospitality CVA challenges 00:43:24 – Practical advice for creditors assessing CVAs and RPs Antecedent Transaction Masterclass 00:45:48 – Overview of undervalue, preference and Section 423 claims 00:47:05 – Corporate insolvency trends and statistics 00:49:30 – Legal elements of transactions at an undervalue 00:51:48 – Preferences: desire to prefer and insolvency requirement 00:53:14 – Transactions defrauding creditors 00:54:22 – Building robust claims: evidence and pleading strategy 00:59:07 – Court remedies and recovery options 01:02:00 – Defending undervalue and preference claims 01:08:58 – Early identification and settlement leverage 01:10:08 – Key takeaways and conclusion Who Should Watch? Company directors facing financial distress Lenders and secured creditors Landlords and commercial counterparties Insolvency practitioners Accountants and restructuring advisers Legal professionals specialising in corporate recovery Key Topics Covered Administration vs liquidation Pre-pack regulations and SIP 16 compliance Trading administration risks CVA challenges and unfair prejudice Part 26A restructuring plans Cross-class cram down and HMRC Retail and hospitality restructurings Transactions at an undervalue Preferences and connected party claims Section 423 claims (transactions defrauding creditors) Recovery strategy and defence tactics If you require advice on corporate insolvency, restructuring strategy or creditor recovery options, our specialist Insolvency and Restructuring team can assist. https://www.myerson.co.uk/business/in...