Kate Stephenson
Overview
Kate is a Partner in Kirkland's European Restructuring Group. Kate has extensive restructuring and insolvency experience, including advising strategic investors, insolvency practitioners, turnaround managers, directors, debtors and creditors in all forms of national and international financial restructurings and insolvencies.
Kate leads the European Restructuring Group’s technical business development initiatives and support the team in problem-solving on their market-leading deals. This includes advising on a variety of restructuring plans, schemes of arrangement, company voluntary arrangements, administrations, enforcements (including by way of appropriation) and cross-border recognition.
Experience
Prior Experience
Weil, Gotshal & Manges LLP
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Consultant/Professional Support Lawyer, 2014–2018
Allen & Overy LLP
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Associate, 2008–2014
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Trainee Solicitor, 2006–2008
More
Thought Leadership
Publications
"EU Insolvency Harmonisation Proposals: Directors’ Duties, Pre-Packs and Transaction Avoidance," Kirkland Alert, December 2022
"UK Restructuring Measures: What Could Work Even Better?" Kirkland Alert, December 2022
"Enforcement via self-help remedy of appropriation upheld by English court, notwithstanding valuation dispute; notable guidance on valuation process," Kirkland Alert, November 2022
“Latest UK Restructuring Technology for Stressed / Distressed Groups,’’ Kirkland Alert, September 2022
“Houst: English Court Approves SME Restructuring Plan,’’ Kirkland Alert, July 2022
Sequana: UK Supreme Court Rules Directors’ “Creditor Duty” Exists — Arises When a Company is Bordering on Insolvency (But Not Before),” Kirkland Alert, October 2022
“Modern Land — Recognition of Foreign Restructuring/Insolvency Proceedings Under U.S. Chapter 15 Does Discharge New York Law Debt,’’ Kirkland Alert, July 2022
“End in Sight for the “Rule in Gibbs”? UK Consults on New UNCITRAL Model Laws,’’ Kirkland Alert, July 2022
“Company Voluntary Arrangements: Not Inherently Unfair to Landlords, But What Could Work Even Better?,’’ Kirkland Alert, June 2022
“UK Restructuring Measures: What Could Work Even Better?,’’ Kirkland Alert, June 2022
“Smile Telecoms: English Court Approves First Restructuring Plan to Disenfranchise Out-of-the-Money Stakeholders and First to Compromise Shareholders in a Foreign Company,’’ Kirkland Alert, March 2022
Co-Author, "Company Voluntary Arrangements: Law and Practice," Oxford University Press, February 2022
“The First Contested UK Moratorium Procedure,” Kirkland Alert, February 2022
“One Year On: Has Brexit Been as ‘Hard’ as Imagined?” Kirkland Alert, December 2021
“English Court Approves Restructuring Plan of Amicus Finance, Notwithstanding Opposition in Secured Creditor Class,” Kirkland Alert, November 2021
“Commercial Rent (Coronavirus) Bill: What Landlords & Tenants Need to Know About the New Arbitration Regime for Covid-related Rent Arrears,” Kirkland Alert, November 2021
“UK Phases Out COVID-19-Related Temporary Insolvency Measures, but New Tapering Measures Protect Commercial Tenants,” Kirkland Alert, September 2021
“English Court Holds Obligation in English Law Facilities Agreement Continues in French Insolvency Proceedings,” Kirkland Alert, September 2021
“Hurricane Energy: For the First Time, the English Court Declines to Approve a Restructuring Plan,” Kirkland Alert, June 2021
“UK Extends Certain Temporary Insolvency-Related Measures in Light of COVID-19; Wrongful Trading Relief to Terminate,” Kirkland Alert, June 2021
“English Court’s Judgment in DTEK’s Schemes of Arrangement Offers Guidance on International Effectiveness Post-Brexit,” Kirkland Alert, June 2021
“English Court Declines to Sanction Amigo’s Scheme of Arrangement, Following Opposition from the Financial Conduct Authority,” Kirkland Alert, May 2021
“English Court Sanctions Virgin Active’s Restructuring Plans, Following Major Challenge from Landlords,” Kirkland Alert, May 2021
“English Court Revokes Regis’ Company Voluntary Arrangement on Unfair Prejudice Grounds,” Kirkland Alert, May 2021
“English Court Upholds New Look’s Company Voluntary Arrangement, Following Major Challenge from Landlords,” Kirkland Alert, May 2021
“UK Extends Temporary Insolvency-Related Measures in Light of COVID-19,” Kirkland Alert, March 2021
“Gategroup: UK Restructuring Plans Are Insolvency Proceedings; Classes Split,” International Corporate Rescue, March 2021
“The English Courts’ First Dive into Cross-Class Cram-Down,” International Corporate Rescue, March 2021
“Gategroup: UK restructuring plans are insolvency proceedings; classes split,” Kirkland Alert, February 2021
“The First UK Cross-Class Cram-Down,” Kirkland Alert, January 2021
“Addressing Post-Brexit Limitations of Cross-Border Recognition of Restructuring and Insolvency Proceedings in Europe,” International Corporate Rescue, January 2021
“UK Temporary Restructuring/Insolvency Measures — Certain Measures Extended or Reinstated,” Kirkland Alert, December 2020
“Return of UK Tax Authority as Preferential Creditor in UK Insolvency Proceedings Takes Effect 1 December 2020,” Kirkland Alert, November 2020
“The First UK Restructuring Plan: Learning Points from Virgin Atlantic,” International Corporate Rescue, November 2020
“When Can a Company’s Shareholders and Creditors Claim Against Third Parties? Reflective Loss Following the Supreme Court’s Decision in Marex,” International Corporate Rescue, October 2020
“UK Reforms to Heighten Scrutiny of Pre-Pack Administration Sales to Connected Parties,” Kirkland Alert, October 2020
“European Credit Derivatives Outlook,” Kirkland Alert, September 2020
“The First UK Restructuring Plan Sanctioned: Learning Points from Virgin Atlantic’s Plan Process,” Kirkland Alert, September 2020
“How Will an Arbitration Agreement Influence the Court’s Approach in Relation to a Winding Up Petition?” Thomson Reuters, August 2020
“The First UK Restructuring Plan: Virgin Atlantic’s Solvent Recapitalisation,” Kirkland Alert, August 2020
“Finance Act 2020: Two Important Reforms for the UK Restructuring / Insolvency Market,” Kirkland Alert, July 2020
“Impact of Restructuring and Insolvency on Arbitration,” Practical Law Arbitration Blog, July 2020
“Corporate Insolvency and Governance Act Now Effective,” Kirkland Alert, June 2020
“Travelodge Obtains Interim Injunction to Restrain Winding Up Petition, Pending Restructuring Proposal and Forthcoming Legislation,” Kirkland Alert, June 2020
"European Restructuring Webinar Series," Kirkland Seminar, May 2020
“Corporate Insolvency and Governance Bill Published,” Kirkland Alert, May 2020
“Court of Appeal Holds Administrators Will Be Taken to “Adopt” Furloughed Employees’ Contracts if They Take Advantage of UK Coronavirus Job Retention Scheme,” Kirkland Alert, May 2020
“Treatment of Furloughed Employees in Administration Proceedings — the First English High Court Judgment,” Kirkland Alert, April 2020
“COVID-19 — Proposed Changes to UK Insolvency Laws,” Kirkland Alert, March 2020
“Restructuring Update: UK Budget and Increase of “Prescribed Part”,” Kirkland Alert, March 2020
“No Recognition of Solvent “Foreign Proceedings” in the UK,” Kirkland Alert, January 2020
“CVAs Survive Landlords’ Challenge in UK Court,” Global Turnaround, October 2019
“Debenhams’ CVA Upheld in Major Test Case,” Corporate Rescue and Insolvency, December 2019
“Bondholder Take Control of Lebara Via Enforcement,” August 2019
“UK Tax Insolvency Reforms,” July 2019
“Latest Retail CVA Technology: Foreign Leases, Business Rates and Turnover Rents in Focus,” March 2019
“Brexit: Deal or No Deal?” March 2019
“Noble’s Restructuring Now Effective; Lessons for Future Schemes,” December 2018
"Agrokor’s Landmark Dual Recognition Proceedings in the U.K. and U.S.; Bankruptcy Court Finds Gibbs Rule Does Not Prevent Recognition and Enforcement Under Chapter 15," Kirkland Alert, November 2018
"Restructuring Update: UK Autumn Budget," Kirkland Alert, October 2018
"Major U.K. Insolvency and Corporate Governance Reform Announced: What Private Equity Investors Need to Know," KirklandPEN, October 2018
"Hard choices: Restructuring and insolvency dealmakers face uncertainty ahead of possible 'Hard Brexit'," Kirkland Alert, September 2018
"New Horizons: Major UK Insolvency and Corporate Governance Reform Announced," Kirkland Alert, September 2018
Recognition
"GRR 40 Under 40," Global Restructuring Review, 2022
"European Restructuring Practices of Major U.S. Law Firms," Turnarounds & Workouts, 2020–2022
Memberships & Affiliations
INSOL; member of INSOL’s G36 Committee
Insolvency Lawyers’ Association; member of the Insolvency Lawyers’ Association Technical Committee
R3: The Association of Business Recovery Professionals
International Women’s Insolvency & Restructuring Confederation (IWIRC)
Editorial board of International Corporate Rescue journal
Conferee to Conference on European Restructuring and Insolvency Law
Credentials
Admissions & Qualifications
- 2008, Admitted to Practice as a Solicitor of England and Wales
Languages
- English
- French
Education
- Nottingham Law SchoolLegal Practice CourseDistinction2005
- University of CambridgeM.A. (Cantab), Law2004