Recast Regulation—how creditors lodge claims
Recast Regulation—how creditors lodge claims

The following Restructuring & Insolvency guidance note provides comprehensive and up to date legal information covering:

  • Recast Regulation—how creditors lodge claims
  • Brexit impact
  • Recast Regulation on Insolvency
  • Applicable law
  • Notice of insolvency proceedings
  • Standard claim form
  • Information available from UK Companies House—ECLAIR
  • Information available from the central European database
  • Hotchpot and double recovery
  • Insolvency Practitioner's duties
  • more

Brexit impact

This Practice Note is impacted by the decision of the UK on 23 June 2016 to leave the EU. For further details on the impact on the Recast Regulation, see Practice Note: Brexit—impact on Recast Regulation on Insolvency. For further details on the impact on service of documents, see Practice Notes: Brexit—service of documents [Archived] and No deal Brexit—service of documents.

We will continue to monitor developments in this respect and throughout the negotiation period and beyond. In the meantime, for further reading on the impact of Brexit and related issues facing lawyers in this area, see Practice Note: Brexit—worst case scenarios for R&I lawyers.

For updates and details of other Brexit related developments and legislation, see Practice Note: Brexit SI tracker for R&I practitioners. For access to related documents and further reading on Brexit, see: Brexit toolkit.

Recast Regulation on Insolvency

Substantial reforms were made to the EC Regulation on Insolvency, Regulation (EC) 1346/2000 (EC Regulation on Insolvency) by the Recast Regulation on Insolvency, Regulation (EU) 848/2015 (Recast Regulation on Insolvency). For the full text of the Recast Regulation on Insolvency, click here. For a destination table, see Practice Note: Recast Regulation on Insolvency—destination table.

Although the Recast Regulation on Insolvency entered force on 26 June 2015, the majority of the provisions were only effective from 26 June