The following Restructuring & Insolvency Q&A provides comprehensive and up to date legal information covering:
STOP PRESS: From 6 April 2017, the Insolvency Rules 1986, SI 1986/1925 were revoked and replaced by the Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024. The content in this Q&A may have been affected by this change.
Proceedings under Chapter 7 of the US Bankruptcy Code are equivalent to liquidation proceedings in the UK (see Chapter 7 liquidation).
Proceedings under Chapter 11 of the US Bankruptcy Code are rescue proceedings where the aim is to preserve and maximise the enterprise value of a company and its assets, in order to maximise distributions to creditors pursuant to an orderly plan of reorganisation (see Practice Note: The US chapter 11 process).
The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE), SI 2006/246 relaxes some of the rules which would otherwise apply for businesses that are subject to insolvency proceedings under the supervision of an insolvency practitioner at the time of the transfer. For the proceedings
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What is a res judicata?A res judicata is a decision given by a judge or tribunal with jurisdiction over the cause of action and the parties, which disposes, with finality, of a matter decided so that it cannot be re-litigated by those bound by the judgment, except on appeal.Final judgments by
BREXIT: UK is leaving EU on Exit Day (as defined in the European Union (Withdrawal) Act 2018). This has an impact on this Practice Note. For further guidance on the impact of Brexit on e-money requirements, see Practice Note: Impact of Brexit: Payment services and electronic money directives—quick
This Practice Note provides guidance on claims for ‘use and occupation’ or mesne profits, and how and when double rent or double value can be claimed.Claims for use and occupationA claim for use and occupation is possible where there is occupation of land without an express agreement fixing the
Involuntary manslaughter—introductionManslaughter can be classified as either voluntary or involuntary. Voluntary manslaughter consists of those killings which would be murder (because the accused has the relevant mental element—hence the label voluntary manslaughter) but which are reduced to
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