Time for change in insolvency law

The European High Yield Association
(EHYA), which represents banks and investors involved in high risk bond and loan
markets, has written to the Treasury suggesting three key areas to reform
insolvency legislation to improve the ‘efficiency and fairness’ of corporate

The Association suggests changes to help prevent value destruction caused by
suppliers and customers terminating contractual relations, speed up resolution
of disputes and restrict the influence of creditors and shareholders with no
economic interest in the revalued business.

It claims the reforms would have benefited the restructurings of British
Energy, Eurotunnel, Marconi, Jarvis and Polestar.

Gilbey Strub, Executive Director of EHYA claims such reform would be timely,
‘This next round of corporate rescues is going to be vastly more complex given
the explosive growth in leveraged lending in Europe since 2001 and in the sheer
number, variation and complexity of debt instruments that have emerged since

According to
, the Treasury said it welcomed submissions but there were other
interested parties whose views would have to be taken into account.

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