Marc Trottier

  1. People /

Marc Trottier

Marc Trottier

Partner


London
  1. People /

Marc Trottier

Marc Trottier

Partner


London

Marc Trottier

Partner

London

Partner and Industry Leader - Restructuring and Insolvency/Special Situations

T: +44 (0) 20 3400 4072

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Biography

Marc advises on a wide range of domestic and cross-border restructurings and financings with a particular focus on funds investing in distressed situations, impaired credits and complex loan-to-own transactions. He has a particular interest in sports financing and restructuring, having acted for a number of leading receivables and finance lenders in the sports sector.

Marc qualified in Québec before relocating to the UK. He is fluent in French.

Admissions

  • Quebec
  • England and Wales

Related Practice Areas

  • Restructuring & Insolvency/Special Situations

  • Finance

  • Litigation & Dispute Resolution

  • Special Situations Team

  • Oil, Gas and LNG

  • Sports & Entertainment Contract, Endorsement & Celebrity Representation Practice

  • Anti-Doping Practice

  • Sports & Event Venue Real Estate Infrastructure and Operation

  • Naming Rights & Sponsorship Practice

  • Sports & Entertainment M&A Practice

  • Sports & Entertainment Litigation Practice

  • Sports & Entertainment Specialty Counseling Practice

  • Entertainment Industry Practice

  • Sports & Event Financing

  • Collegiate Sports Practice

  • Olympic & National Governing Body Practice

  • Professional Sports Team Practice

  • Lenders & Other Creditors

  • Debtors & Corporates

  • Committees & Estate Representatives

  • Banking Sector

  • Sports & Entertainment

  • Energy & Natural Resources

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Is there now an established test of fairness for the sanction of a Part 26A Restructuring Plan? In Re Virgin Active [2021] EWHC 1246 (Ch) at [219]-[221], the Court was quick to dismiss the idea despite remarks to the contrary included within the Explanatory Notes to the Corporate Insolvency and Governance Act 2020 (“CIGA 2020”). However, subsequent Part 26A cases have demonstrated that the Court will weigh in on the fairness of a Plan prior to sanction and is prepared to test Plan proponents in the interests of those being compromised.  The general approach and level of scrutiny applied to the question of fairness by the Court tends to differ from case to case, often depending upon the level of challenge posed by Plan creditors, and is not confined to a consideration of such matters only within the context of cross-class cram down under section 901G Companies Act 2006 (“CA 2006”). Particularly in light of recent case law, it is becoming increasingly difficult to argue that there is still no established test of fairness for Plans.  Some of the principles which have guided the Court’s analysis of fairness, and the exercise of its broader discretion over sanction, were recently (and conveniently) listed in Re Prezzo Investco Ltd [2023] EWHC 1679 (Ch) at [68].  Will this list simply continue to grow over time, as developed by practice, or will it eventually be distilled into a definitive test through Parliamentary intervention?
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