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Brexit
Brexit is a significant subject for R&I lawyers due to the reciprocal nature of our relationship with Europe. Our Brexit content offers key information and updates for all practitioners, as well as legislation trackers.
Corporate Insolvency and Governance Act 2020
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.
International content
Get country guides for 45 jurisdictions – the majority are from our Getting the Deal Through series. Where there are jurisdictional gaps, we have commissioned content, and have created several comparison tables.
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Our Restructuring & Insolvency Experts
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David Kerr
Lesley Anderson
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Latest Restructuring & Insolvency News
The Insolvency Service has reported the closure of BTCMining Limited following numerous complaints to Action Fraud from customers in Estonia,...
Restructuring & Insolvency analysis: In this case, trustees in bankruptcy successfully obtained judgment under section 423 of the Insolvency Act 1986...
The Bank of England (BoE) has revoked the retained EU law Technical Standard 2019/348 on Simplified Obligations ('SO UKTS') in the Bank Resolution...
The Association of Business Recovery Professionals (R3) has appointed Tom Russell, licensed insolvency practitioner and director at James Cowper...
The Insolvency Service has reported that Ricky Harrison was sentenced to three years and two months in prison and faces a ten-year director...
Latest Restructuring & Insolvency Practice Notes
Trial witness statements in the Business and Property Courts—key and illustrative decisions under CPR PD 57ACThis Practice Note lists and outlines the...
Trial witness statements in the Business and Property Courts under CPR PD 57ACIntroductionThis Practice Note sets out the requirements for witness...
Witness evidence—the mechanics of giving evidence at trialThis Practice Note sets out how to give evidence at trial under CPR 32. It considers when a...
Tracker of Part 26 scheme/Part 26A restructuring plan hearing dates 2025This Practice Note tracks some key hearing dates proposed or listed in the...
MAC clauses for a bilateral facility agreement Where are MAC clauses used in facility agreements?There are three key places where the concept of...
Latest Restructuring & Insolvency Precedents
Draft order granting permission to serve insolvency proceedings out of the jurisdictionNote: Other than the court heading, this Precedent is drafted...
Letter from an insolvency office-holder to any persons or companies with information, documentation or property relevant to the business, affairs,...
Letter to lenders governing appointment of creditors’ committeeTo: The persons listed in Schedule 1 to this letter [insert names of Lenders]From:...
Pre-commencement notice of funding where a pre-6 April 2016 conditional fee agreement is in place [Archived]ARCHIVED: This archived Precedent is not...
Option 1—deed executed by administrative receiver under the company’s common seal Executed as a deed by [insert name of company]...
Latest Restructuring & Insolvency Q&As
Featured Restructuring & Insolvency content
Role, powers, functions and duties of a liquidator
Role, powers, functions and duties of a liquidatorThe role and function of a liquidatorA liquidator is the officer appointed when a company goes into...
What is a statutory declaration of solvency, and what happens if a false declaration of solvency is made
What is a statutory declaration of solvency, and what happens if a false declaration of solvency is madeCoronavirus (COVID-19)This content is affected...
Bonds and notes
Bonds and notesThe terms ‘bonds’ and ‘notes’ are used interchangeably (and there is no legal difference between the terms), though notes tend to be...
Obtaining Official Copies from HM Land Registry
Obtaining Official Copies from HM Land RegistryThis Practice Note provides guidance in obtaining official copies of the entries on the title of a...
Dissolution of a company following compulsory liquidation or creditors' voluntary liquidation
Dissolution of a company following compulsory liquidation or creditors' voluntary liquidationDissolution marks the end of a company’s life. It...
Bankruptcy searches
Bankruptcy searchesBankruptcy searches at the Land Charges DepartmentWhen a bankruptcy petition is presented by a creditor, the court shall as soon as...
Dissolution and bona vacantia—dealing with the Treasury Solicitor
Dissolution and bona vacantia—dealing with the Treasury SolicitorBona vacantia means ‘goods without an owner’ and is a relevant consideration where...
Cashflow and balance sheet tests for insolvency
Cashflow and balance sheet tests for insolvencyIntroductionThis Practice Note will give a basic overview of the applicable tests for cashflow and...
Key elements of a standstill agreement
Key elements of a standstill agreementWhen restructuring is considered rather than formal insolvency proceedings (see Practice Note: Benefits of...
What are COMI proceedings?
Scotland: protected trust deeds
Scotland: protected trust deedsTrust deeds have, for many years, been utilised by debtors as a means of reaching a compromise with their creditors as...
What is considered onerous property or contracts?
What is considered onerous property or contracts?DisclaimerUnder sections 178 and 315 of the Insolvency Act 1986 (IA 1986), a liquidator or a trustee...
Recapitalisations
RecapitalisationsThe term 'recapitalisation' refers to a company changing the proportions of its debt and equity, something which can be achieved in a...
Role, powers, functions and duties of an administrator
Role, powers, functions and duties of an administratorThe role, powers and duties of an appointed administrator are set out in the Insolvency Act 1986...
How do you convert inter-company debt into equity? What are the advantages and disadvantages for the company and its shareholders?
The effect of a bankruptcy order on an individual voluntary arrangement (IVA), its assets, and the creditors
The effect of a bankruptcy order on an individual voluntary arrangement (IVA), its assets, and the creditorsThe gap in the insolvency legislationIt is...
The pari passu principle and collection remedies for the office-holder—the position under the Insolvency (England and Wales) Rules 2016
The pari passu principle and collection remedies for the office-holder—the position under the Insolvency (England and Wales) Rules 2016The primary...
Schemes of arrangement—process and statutory framework
Schemes of arrangement—process and statutory frameworkSchemes of arrangement—definition and basis in statuteA scheme of arrangement is a...
Associated legal terms
Establishment
A term used in (a) the EC Regulation on Insolvency/the Recast Regulation and (b) UNCITRAL Model Law regarding secondary proceedings.
Forum shopping
The practice of choosing a specific jurisdiction favourable to an anticipated restructuring/insolvency, usually by moving COMI (centre of main interests).
Register of Insolvencies (ROI)
A public register that records details of all sequestrations awarded in Scotland (see AiB Register of Insolvencies. It also contains details of protected trust deeds and details of companies in receivership or liquidation since 1 July 1999
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