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In general, a borrower seeking external funding usually has two main avenues available: securing a loan, or issuing debt securities on the debt capital markets For the purposes of this Checklist, our focus here is on lending products alone. For further detail on loan categories and structures, see Practice Note: Overdrafts, term loans and revolving credit facilities. For information on debt securities, consult the Practice Notes: Debt capital market finance versus loan finance and Key features of the debt capital markets. Overdrafts The reason for borrowing is central to selecting the most appropriate loan type and choosing the lender. Where the borrower needs swift, flexible, short term financing to support temporary cash flow management needs (for example, to bridge timing gaps between supplier payments and customer receipts), an overdraft is typically the most suitable option in such circumstances...
A: Before you begin Before pursuing a merger, you and your law firm must hold a clear and candid view of your starting point—the firm’s current position, your strategic aims, and the capability to realise those aims. For further guidance, see Practice Note: Mergers—law firms. All principals should fully understand the: economics of your business, including sustainable profitability and cash flow funding requirements of the business risk and compliance framework and its track record Without such clarity, expectations may diverge and valuable time can be lost. This Checklist sets out the key issues to consider. It does not cover regulatory requirements, due diligence, warranties, deal structure and similar matters, which remain critical but will vary with the specifics of the transaction. The areas addressed here are those that, if tackled thoroughly, should give any law firm merger a significantly better chance of success...
CNO Plant Hire Ltd v Caldwell Construction Ltd [2024] EWHC 2188 (TCC) What are the practical implications of this case? This ruling spotlights the boundaries on using set-off at the enforcement stage. The main practical points are: Adjudication enforcement The court reaffirmed that adjudicators’ decisions should usually be enforced promptly and summarily, despite factual or legal errors, provided the adjudicator had jurisdiction and there was no breach of natural justice It again confirms adjudication’s speed and effectiveness as a construction dispute tool, helping to keep cash flow uninterrupted Set-off restrictions The judgment makes clear that set-off against an adjudicator’s decision will not be permitted unless strict conditions are satisfied If set-off is sought based on a counter-adjudication decision, separate enforcement proceedings must be commenced, highlighting the need for a careful legal strategy where multiple adjudications arise Jurisdiction challenges Jurisdictional objections to adjudication decisions must be clearly articulated and properly pursued...
In this issue: Funding and investment Scheme governance Pension scams and liberation Daily and weekly news alerts Dates for your diary Trackers Funding and investment TPR publishes revised employer covenant guidance to align with new DB funding code of practice The Pensions Regulator (TPR) has at last issued revised guidance on the employer covenant for trustees overseeing defined benefit (DB) pension schemes, to align with its new DB funding code of practice, which took effect on 12 November 2024 under the Pensions Act 2004 (Code of Practice) (Defined Benefit Funding) Appointed Day Order 2024 (SI 2024/1143). Described by TPR as ‘the last piece of the jigsaw to help schemes carry out valuations under the new DB funding code’, the update introduces the first regulatory definition of employer covenant, intended to deliver greater market certainty and foster consistency between schemes. Notable changes cover cash flow analysis, tests of reasonable affordability, maximum affordable contributions, reliability periods, covenant longevity, and...
Introduction The wave of insolvencies across the construction sector is profoundly troubling, with firms still acutely exposed. Although contractor failure is not new in a market defined by thin profit margins, fixed‑price contracts and cash‑hungry, cash‑intensive delivery, ISG’s recent collapse starkly illustrates persistent challenges: heavy dependence on cash flow and the difficulty of steering multiple stakeholders on major, complex projects. Such pressures pervade large‑scale schemes throughout the industry. With the new Labour government unveiling ambitious infrastructure and housing programmes, the insolvency question is even more pressing, and lessons must be learnt to avert future industry failures. In this article, we outline the principal causes and the usual red flags that signal distress, before exploring particular insolvency concerns from both employer and contractor viewpoints. Building on that analysis, we then set out practical measures for managing risk effectively, followed by consideration of potential post‑insolvency actions against directors, and a review of the key case studies of ISG and Carillion. Throughout, the emphasis is on pragmatic guidance that enables stakeholders to...
The most common reasons for entering into derivatives are for the purposes of: Speculation — when a party seeks exposure to a given variable, for example taking a view on a commodity’s future price on the assumption it will rise or fall over a chosen period Hedging — aiming to offset exposure to the risk of an unfavourable shift in a variable, or to stabilise expected outcomes over time Arbitrage — seeking to take advantage of price discrepancies (between markets, or within the same market over time) to earn profit or cut costs, or where one participant can reach a price or market unavailable to another, including where prices differ over time Exposure to asset classes — obtaining access to a target market (eg commodities, shares, property) without incurring the expense, complexity and formalities associated with those markets, avoiding the same costs and complications Derivatives are commonly used alongside lending arrangements for hedging purposes in practice. In this context, the primary...
When considering entry into a joint venture, participants should carefully scrutinise the identity of the other intended parties and the experience and resources they expect to bring to the venture. They are, therefore, likely to want to ensure those parties remain engaged in the joint venture (at least for a pre‑agreed period of time) and to retain controls over to whom they may transfer their shares. The nature of any share transfer constraints adopted will also depend on, among other things, the anticipated duration of the joint venture, how the parties propose to realise their investments, the cash‑flow and fundraising requirements of the parties, and any share transfer restrictions contained in other transaction documents, e.g. financing documents. Restrictions on transfer For these reasons, most joint venture agreements (JVA) (also known as shareholders’ agreements) and/or the articles of association will include a series of restrictions governing the transfer of shares by the joint venture parties...
This Practice Note examines methods for valuing law firms and sets out the elements most prone to shape that assessment. Although several conventional approaches exist, it offers a worked illustration of an earnings-led valuation (discounted economic income). Investors commonly adopt this approach when pricing a company and, therefore, it is a vital computation to undertake before starting any talks. The outcome might be below your expectations, yet it provides a window into the sum an investor or acquirer could be prepared to offer. The discounted economic value model In brief, this model projects a firm’s future net cash profits and discounts them to today’s value. By applying an appropriate discount rate, it seeks to reflect the spectrum of risks the business encounters in generating that earnings flow over time. The exercise, therefore, converts anticipated cash returns across multiple years into a single current figure that recognises uncertainty, timing, and sustainability in the delivery of the net income stream...
Current ratio Date of calculations: [ insert date of calculations ] Formula: Current assets ÷ Current liabilities Calculation: Result: Result from previous month/year: % movement: If the ratio slips under 1.0, the firm lacks sufficient current assets to meet its current liabilities as they become due. Compare this outcome to the previous current ratio result. If the current ratio is declining and nearing 1.0, calculate the other ratios to gain a clearer view of why the firm is running out of money...
Question Yes/No Have you determined how much capital the business will require in total over the five-year period? Do you have a clear strategy to manage lock-up in debtors and work in progress (WIP) to cut the level of capital required?...
[ insert date ] To: [ insert full name and address of lender ] Dear [ insert full name of lender ] I am a director and act as the [ Chief Financial Officer OR Finance Director ] of [ insert full name of guarantor/third party security provider ], a company incorporated in England and Wales with registered number [ insert company number ], and its registered office is at [ insert address ] (the Company)...