Charlotte Moller

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Charlotte specializes in the restructuring of defaulting facilities, enforcement of security, advice to chief restructuring officers and insolvency practitioners, together with more general new-lend finance work.

The independent legal directory, The Legal 500 UK, 2013, recommends Charlotte as quick to identify key issues in complex enforcement scenarios. She is also featured in The Lawyer Hot 100 2013.

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Airline Insolvency Overhaul: a summary of the final report of the Airline Insolvency Review

By Charlotte Moller, Helena Clarke and Harry Rudkin on Posted in EME & Asia Bankruptcy & Commercial Restructuring
Introduction On 9 May 2019 the Airline Insolvency Review (the AIR), chaired by Peter Bucks, published its Final Report on passenger protections in the context of airline insolvencies, having been commissioned by the Chancellor of the Exchequer in November 2017 following the high-profile collapse of Monarch Airlines. Chief among the report’s recommendations are the implementation … Continue Reading

Clarity on Cross-Border Conundrum

By Charlotte Moller, Helena Clarke and Harry Rudkin on Posted in Cross-Border Insolvency & Restructuring
It is well established that the type of recognition granted by the recognising court under the UNCITRAL Model Law will depend on whether the originating proceedings are ‘foreign main’ or ‘foreign non-main’ proceedings, which in turn hinges on the centre of main interests (COMI) of the insolvent entity. In a ground-breaking case, the English court … Continue Reading

Step Aside, Payday Loans: There’s an Old Kid in Town

By Estelle Macleod, Claude Brown, Charlotte Moller and Elizabeth A. McGovern on Posted in EME & Asia Bankruptcy & Commercial Restructuring
You could be forgiven for thinking that the Bills of Sale Acts of 1878 and 1882 would have been repealed by now, or could never apply to you, over 130 years after they were drafted. But if you’ve ever purchased a second-hand car (or, if you’re lucky enough to be purchasing works of art or … Continue Reading

Recast Insolvency Regulation: 26 June 2017

By Charlotte Moller and Estelle Macleod on Posted in Cross-Border Insolvency & Restructuring
The Recast Insolvency Regulation (Regulation 2015/848) (“Recast Regulation”) will apply to all member states of the EU (with the exception of Denmark) in relation to insolvency proceedings opened on or after 26 June 2017. The Recast Regulation takes a similar approach to that of the prior EU Insolvency Regulation (Regulation 1346/2000), which came into force … Continue Reading

No intention? No notice!

By Charlotte Moller and Monika Lorenzo-Perez on Posted in EME & Asia Bankruptcy & Commercial Restructuring
In a judgment that will undoubtedly impact what has become fairly common practice when filing notices of intention to appoint an administrator (“NOITA”), the Court of Appeal has held in JCAM Commercial Real Estate Property XV Ltd v Davis Haulage Ltd[1] that a company seeking to give notice of intention to appoint under paragraph 26 … Continue Reading

Insolvency Rules 2016: Decision Making

By Charlotte Moller, Monika Lorenzo-Perez and Estelle Macleod on Posted in EME & Asia Bankruptcy & Commercial Restructuring
The Insolvency Rules 2016 (the 2016 Rules) have effect from 6 April 2016. A key change introduced by the 2016 Rules is a new approach to decision making, including a deemed consent procedure. The new approach is designed to ease the administrative and cost burden in insolvency proceedings, and is summarised here: Insolvency Rules 2016: … Continue Reading

Can We Work It Out? : An Overview of the Pre-Action Protocol for Debt Claims

By Charlotte Moller, Estelle Macleod and Shannon Diggory on Posted in EME & Asia Bankruptcy & Commercial Restructuring
After much consultation and debate, the Ministry of Justice has published the final version of the Pre-Action Protocol for Debt Claims (the Protocol), which is due to come into force on 1 October 2017. The Protocol is available on the Ministry of Justice website. Following the general trend of civil procedure in the UK, the … Continue Reading

What is half of nothing? Wrongful trading developments in the ‘Robin Hood’ case

By Charlotte Moller and Estelle Macleod on Posted in Cross-Border Insolvency & Restructuring
Case law on wrongful trading has developed significantly over the past two years, with the cases of Ralls Builders and Brooks increasing judicial consideration of the conduct of directors in the period preceding an insolvency. The judgment of the appeal and cross-appeal in Brooks was handed down in late 2016. It provides an essential update … Continue Reading

Ralls Builders Limited Clarification

By Charlotte Moller, Estelle Macleod, Elizabeth A. McGovern and Colin Cochrane on Posted in Cross-Border Insolvency & Restructuring
In February 2016, Mr Justice Snowden handed down his judgment in the High Court proceedings concerning Ralls Builders Limited (in liquidation) [2016] EWHC 243 (Ch). This matter concerned an application by the liquidators of Ralls Builders Limited (in liquidation) (the company) for a declaration regarding the alleged wrongful trading of the company by its directors, … Continue Reading

COMI and get it: international approaches to cross-border insolvencies

By Charlotte Moller, Elizabeth A. McGovern, Eric Schaffer and Michael Venditto on Posted in Cross-Border Insolvency & Restructuring
In our increasingly global world, cross-border insolvencies have become relatively commonplace. Lehman Brothers and Nortel Networks are just two of the matters where parallel proceedings in multiple jurisdictions were necessary in order to effectively administer the debtors’ estates. Neither the Regulation nor the Model Law seek to address or harmonise the substantive differences among insolvency … Continue Reading

Extra-territorial effect of section 236 – the debate continues

By Charlotte Moller and Colin Cochrane on Posted in EME & Asia Bankruptcy & Commercial Restructuring
Re Omni Trustees Ltd (In Liquidation) [2015] EWHC 2697 (Ch) In an interesting judgment, the High Court in Manchester has decided not to follow the ruling from earlier this year of Mr Justice Richards in Re MF Global (UK) Ltd[1], deciding instead that section 236 of the Insolvency Act 1986 (the “Act”) does indeed have … Continue Reading

Section 236 of the UK Insolvency Act 1986 – extra-territorial effect?

By Charlotte Moller and Colin Cochrane on Posted in EME & Asia Bankruptcy & Commercial Restructuring
The English High Court rejects an application by the Joint Special Administrators of MF Global UK Limited (“MF Global”) for an order seeking the production of documents pursuant to section 236 of the Insolvency Act 1986 (the “Act”). In doing so, Mr Justice David Richards rules that section 236 of the Act does not have … Continue Reading

Provisions of The Small Business, Enterprise and Employment Act now in force

By Charlotte Moller, Emma J. Flacks and Colin Cochrane on Posted in Cross-Border Insolvency & Restructuring
We published a client alert in March, confirming that the Small Business, Enterprise and Employment Act 2015 (the “Act”) received Royal Assent on 26 March 2015 and summarising the provisions which will amend insolvency legislation. The provisions of the Act will come into force in stages over the next year, but a number of provisions, including … Continue Reading

Developments in the insolvency world – The Small Business, Enterprise and Employment Bill

By Charlotte Moller and Monika Lorenzo-Perez on Posted in EME & Asia Bankruptcy & Commercial Restructuring
The Small Business, Enterprise and Employment Act (the Act) recently received Royal Assent. The Act introduces a number of new provisions across a wide range of issues, including regulatory reform, public sector procurement and companies. In relation to the insolvency and restructuring sector, there are a number of provisions which are likely to garner significant … Continue Reading

October Newsletter

By Charlotte Moller on Posted in Cross-Border Insolvency & Restructuring, EME & Asia Bankruptcy & Commercial Restructuring, U.S. Bankruptcy & Commercial Restructuring
Reed Smith’s global Commercial Restructuring & Bankruptcy team have recently published the October Edition  of their quarterly newsletter.  The newsletter provides a detailed review of some of the most important legal developments in the sector.  The October edition covers diverse areas from the use of schemes of arrangements in England to attorney-client privilege issues in … Continue Reading

Potential invalidity of insolvency-related termination clauses under German insolvency rules

By Charlotte Moller and Christian T. Stempfle on Posted in EME & Asia Bankruptcy & Commercial Restructuring
“Ipso facto”: The concept that clauses allowing for the termination of contracts purely for the insolvency of the contractual counterpart should be invalid, has long been an established principle of the Chapter 11 regime in the US.  However, in another example of trend suggesting that this approach may also be increasingly adopted in European jurisdictions … Continue Reading

Welcome to Reed Smith’s Global Restructuring Watch Blog

By Peter Clark, Charlotte Moller and Anker Sorensen on Posted in Cross-Border Insolvency & Restructuring, EME & Asia Bankruptcy & Commercial Restructuring, U.S. Bankruptcy & Commercial Restructuring
If you’re reading this, you understand the necessity of keeping up-to-date on global restructuring trends and developments. Reed Smith’s global restructuring group is known worldwide as one of the premier practices focusing on complex financial restructurings, workouts, bankruptcies, insolvencies and other matters involving financially distressed transactions. We represent clients in the United States, the United … Continue Reading
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