Bryan Cave Leighton Paisner

This Practice Note, produced in partnership with Geraldine Quirk of Bryan Cave Leighton Paisner LLP, looks at the different insolvency procedures available to an insolvent insurance company, the difficulties unique to insurance insolvency, set-off, valuation of claims, order of priority, limitation and protection of policyholders.

This Practice Note, produced in partnership with Geraldine Quirk of Bryan Cave Leighton Paisner LLP, considers insurance business transfer schemes under Part VII of FSMA 2000 (also known as Part VII transfers or Part VII FSMA schemes), which allows an insurer to transfer the whole or part of its business without obtaining the consent of individual policyholders. It includes an overview of the Part VII process, the role of the regulator, consultation with regulators and the effect of an order sanctioning a Part VII transfer.

This Practice Note looks at the Insurers (Reorganisation and Winding-Up) Regulations 2004, SI 2004/353 as they apply to insurers post-Brexit (if after 11 pm on 31 December 2020). In particular it considers the changes implemented by the Brexit SI, the Credit Institutions and Insurance Undertakings Reorganisation and Winding Up (Amendment) (EU Exit) Regulations 2019, SI 2019/38. Produced in partnership with Geraldine Quirk of Bryan Cave Leighton Paisner.

This Practice Note provides an introduction to the World Trade Organization (WTO), examining its institutional arrangements, rules and key activities, as well as their relevance and implications for UK trade post-Brexit.

This Precedent is an advertisement (or advert), produced in partnership with Geraldine Quirk of Bryan Cave Leighton Paisner LLP, advertising the meeting of creditors under a scheme of arrangement under Part 26 of the Companies Act 2006, as ordered by the court.

This Precedent is a chairperson’s (or chair’s) report of a meeting of creditors in a scheme of arrangement under Part 26 of the Companies Act 2006. This sets out to the court the results of that meeting. This is produced in partnership with Geraldine Quirk of Bryan Cave Leighton Paisner LLP.

This Precedent is a claim form (CPR Part 8), produced in partnership with Geraldine Quirk of Bryan Cave Leighton Paisner LLP, for an application to court by a company for a scheme of arrangement under Part 26 of the Companies Act 2006. This claim form sets out the terms of the order sought sanctioning the scheme, together with appropriate directions in relation to the summoning and conduct of meetings of creditors to consider and, it thought fit, approve the scheme.

This Precedent, produced in partnership with Geraldine Quirk of Bryan Cave Leighton Paisner LLP, is an explanatory statement for a scheme of arrangement of a company, to be used when applying for a scheme of arrangement under Part 26 of the Companies Act 2006.

This Precedent, produced in partnership with Geraldine Quirk of Bryan Cave Leighton Paisner LLP, sets out the full timetable for a scheme of arrangement (also known as part 26 schemes or s 895 schemes), including when to draft the documentation, when to apply to court, who and when to make notifications to and when to advertise.

This Precedent, produced in partnership with Geraldine Quirk of Bryan Cave Leighton Paisner LLP, is an order of the court ordering that creditors’ meetings be convened (ie a convening order) relating to a proposed scheme of arrangement under Part 26 of the Companies Act 2006.

This Precedent is an order of the court sanctioning a scheme of arrangement (a sanction order) under Part 26 of the Companies Act 2006, produced in partnership with Geraldine Quirk of Bryan Cave Leighton Paisner LLP.

This Precedent, produced in partnership with Geraldine Quirk of Bryan Cave Leighton Paisner LLP, is for a scheme of arrangement between a company and its creditors under Part 26 of the Companies Act 2006.

This Precedent, produced in partnership with Geraldine Quirk of Bryan Cave Leighton Paisner LLP, sets out what needs to be covered by the insolvency practitioner chairperson of the meeting of scheme creditors (also known as a Part 26 scheme or section 895 scheme) by way of a script.

This Precedent is a witness statement, produced in partnership with Geraldine Quirk of Bryan Cave Leighton Paisner LLP. It is usually prepared by the insolvency practitioner dealing with the scheme of arrangement under Part 26 of the Companies Act 2006, to prove that a meeting of creditors was held, and to exhibit the minutes of that meeting and set out the results of the meeting.

This Precedent, produced in partnership with Geraldine Quirk of Bryan Cave Leighton Paisner LLP, is a witness statement from a mailing house, if a mailing house was instructed by the company to prepare the documentation and to notify the creditors of the meeting of creditors in a scheme of arrangement (also known as a part 26 scheme or s 895 scheme).

This Precedent is a witness statement to an application to the court to sanction a scheme of arrangement under Part 26 of the Companies Act 2006, produced in partnership with Geraldine Quirk of Bryan Cave Leighton Paisner LLP. It provides a general template and some of the information required as standard in an sanction application seeking a sanction order. Additional information should be added, depending on the circumstances of the scheme.

As a result of the conflict in Ukraine and the unprecedented imposition of sanctions which followed, in March 2022, the Financial Conduct Authority (FCA) laid down a clear marker that policing sanctions compliance is a high priority for it and stressed that ‘Where the FCA identifies failings in financial crime systems and controls we can impose restrictions and/or take enforcement action.’ This Q&A considers what this means for senior managers and the standard expected of them in order to discharge their personal regulatory duties under the Senior Managers and Certification Regime (SM&CR) in relation to sanctions compliance.

Following the introduction of the Senior Managers & Certification Regime, the regulators’ appetite for pursuing enforcement cases against senior managers is ever increasing. Samantha Paul of Bryan Cave Leighton Paisner LLP, shares some insider tips on what steps senior managers should be taking to fulfil their personal regulatory duties and, ultimately, avoid becoming the subject of regulatory enforcement action.

ARCHIVED: This Checklist has been archived and is not maintained. This Checklist sets out the key considerations to take into account when buying goods from the EU for supply in the UK in a no trade deal scenario.

ARCHIVED: This Checklist has been archived and is not maintained. This Checklist sets out the key considerations for a UK business to take into account when buying services (including general outsourcing) in the UK that will be provided from the EU by an EU-based business in a no trade deal scenario.