The following Restructuring & Insolvency practice note produced in partnership with Neil Smyth of Mills & Reeve LLP provides comprehensive and up to date legal information covering:
This Practice Note summarises the insolvency regime introduced by the Technical and Further Education Act 2017 (TAFEA 2017), the Further Education Bodies (Insolvency) Regulations 2019 (FEBR 2019), SI 2019/138 and the Education Administration Rules 2018 (EAR 2018), SI 2018/1135 which came into force on 31 January 2019.
TAFEA 2017 sets out the framework of an insolvency regime which applies to further education and Sixth form colleges in England and Wales.
It also introduces a special administration regime which is aimed at protecting the interests of learners at an insolvent college.
The Department for Education has established a Higher Education Restructuring Regime for higher education providers who are facing coronavirus related financial difficulties and are at risk of insolvency, see: LNB News 03/08/2020 26. The scheme will review the provider’s circumstances and assess the case for support (ie repayable loans), although these will come with strict conditions, including the provider needing to ‘be aligned with the government’s wider priorities’. The Department for Education has also published guidance for applicants, see: LNB News 16/12/2020 56 and News Analysis: Guidance on higher education restructuring scheme issued.
For further materials on the impact of the coronavirus pandemic generally, take a look at our Coronavirus (COVID-19) toolkit. For related news, guidance and other resources to assist practitioners working on restructuring and insolvency matters, see: Coronavirus (COVID-19)—Restructuring & Insolvency—overview.
The Further and Higher Education
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
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
This Practice Note considers proprietary estoppel from a generic standpoint.For industry specific guidance on proprietary estoppel, see Practice Notes:•Estoppel and property law•Mortgages by estoppelProprietary estoppel—what is it?Unlike the other forms of estoppel (see Practice Note: Estoppel—what,
There are two kinds of burden:•the legal burden, and•the evidential burdenThe legal burdenA party has the legal (sometimes called ‘the persuasive’) burden where the onus is on that party to prove a fact or issue in a case to the required standard of proof.The legal burden is generally on 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
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.