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Includes new legislation due to coronavirus. Temporary provisions centre around winding-up petitions, wrongful trading and ipso facto clauses. Permanent changes include the creation of two corporate insolvency processes.
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The International Association of Insurance Supervisors (IAIS) has published guidance for supervisors on transitioning to a risk-based solvency (RBS)...
The Insolvency Service has published its monthly insolvency statistics for May 2025 on company and individual insolvencies in England and Wales. The...
This week's edition of Restructuring and Insolvency weekly highlights includes: the publication by the Department for Business and Trade of its second...
Dispute Resolution analysis: This case concerned an application for a stay of proceedings in the High Court for the disqualification of a director,...
Restructuring & Insolvency analysis: The latest edition of Corporate Rescue and Insolvency (June 2025) is now available in Lexis+® UK (subscription...
Companies in financial distress—how commercial practitioners can spot the warning signsThis Practice Note is a guide for the commercial practitioner...
Overview of the key documentation in a typical secondary debt tradeSecondary debt trades in the London market are typically documented through a suite...
Cryptoassets for Dispute Resolution lawyers—key and illustrative decisionsAs the landscape of cryptoassets and smart contracts continues to develop,...
Key definitions under UK data protection lawThis Practice Note provides further guidance on key definitions used in the United Kingdom General Data...
Key features of the debt capital marketsWhat does this Practice Note cover?This Practice Note provides an overview of the debt capital markets and...
Application notice for permission to serve insolvency proceedings out of the jurisdictionNote: This Precedent should be used in conjunction with an...
Witness statement in support of an application for permission to serve insolvency proceedings out of the jurisdictionNote: Other than the court...
Deed of release: for a debenture or mortgage—single company security provider—full or partial releaseThis Deed is made on [insert day and month]...
Hardship clauseHardship•means[, subject to clause [1.6 OR 1.7],] a [fundamental OR material] change in the balance of a party’s benefits and...
Claim form (CPR Part 8) in respect of an application for a restructuring planClaim No. [insert claim number].[IN THE HIGH COURT OF JUSTICE][BUSINESS...
Role, powers, functions and duties of a liquidatorThe role and function of a liquidatorA liquidator is the officer appointed when a company goes into...
Bonds and notesThe terms ‘bonds’ and ‘notes’ are used interchangeably (and there is no legal difference between the terms), though notes tend to be...
Bankruptcy searchesBankruptcy searches at the Land Charges DepartmentWhen a bankruptcy petition is presented by a creditor, the court shall as soon as...
Basic introduction to super senior, senior, mezzanine and junior debtThe range of funding options open to companies has exploded, resulting in a vast...
Key elements of a standstill agreementWhen restructuring is considered rather than formal insolvency proceedings (see Practice Note: Benefits of...
How to serve a demand for paymentA demand for payment is a formal demand made in accordance with the contractual requirements underpinning the...
Receivership—an introductory guideThe appointment of a receiver is a remedy for creditors and certain third parties to protect their interest in...
Debt for equity swapsA popular restructuring method is a debt for equity swap; financial creditors receive equity in the restructured vehicle in...
Challenging an individual voluntary arrangement (IVA)Coronavirus (COVID-19)This content contains guidance on subjects impacted by the Coronavirus Act...
Cashflow and balance sheet tests for insolvencyIntroductionThis Practice Note will give a basic overview of the applicable tests for cashflow and...
What is a statutory declaration of solvency, and what happens if a false declaration of solvency is madeCoronavirus (COVID-19)This content is affected...
Bankruptcy petitions—process and procedureBefore the hearing of the creditors’ bankruptcy petition takes place, there are a number of steps that must...
Role, powers, functions and duties of an administratorThe role, powers and duties of an appointed administrator are set out in the Insolvency Act 1986...
Effect on proceedings against a company being wound up and after a winding-up order is madeThis Practice Note sets out guidance as to what happens...
Insolvency searches for companies at the Central RegistryWhat is the Central Registry of Winding-up Petitions?The Central Registry of Winding-up...
Transactions defrauding creditors—claims under section 423 of the Insolvency Act 1986It is possible for a claim to be brought under section 423 of the...
Role, powers, functions and duties of a trustee in bankruptcyThis Practice Note looks at the roles, powers, functions and duties of the trustee in...
Administration expensesThis Practice Note provides an overview of what amounts to an administration expense and discusses key case law.Expenses of an...
When a company breaches the terms of its borrowing from a creditor with a Qualifying Floating charge, or in other circumstances set out in the charge, in limited circumstances that creditor may appoint an administrative receiver to recover the money it is owed.
An alternative to bankruptcy whereby a debtor enters into a binding arrangement with his creditors to compromise his debts.
A formal arrangement in the UK between the company and its creditors and/or its members (or a class of its creditors or members) pursuant to Part 26 of the Companies Act 2006 (CA 2006) (otherwise known as a scheme or Part 26 Scheme) which is sanctioned by court. The voting threshold for approval of the scheme is 75% by value and a majority in number of creditors (or members) or any class thereof voting in person or by proxy at each of the scheme meetings. This voting majority means that dissenting creditors can be easily crammed down.