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.
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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Restructuring & Insolvency analysis: This case clarifies that trustees in bankruptcy (trustees) have standing to apply for annulment under section 282...
This week's edition of Restructuring & Insolvency weekly highlights includes: Budget announcements of interest to restructuring and insolvency...
The Insolvency Service reports that Basic Prime Limited was wound up following an investigation that revealed fraud concerns. The company, which...
In the Budget 2025, on 26 November 2025, the Chancellor of the Exchequer, the Rt Hon Rachel Reeves MP announced several measures that will be of...
The Supreme Court has unanimously held that Sheikh Mohamed Bin Issa Al Jaber was in breach of his fiduciary duties when he effected the 2016 transfer...
Tracker—Hague Convention on Choice of Courts AgreementsThis Tracker is for use when determining whether a country is a signatory to the Hague...
Special resolution regime for central counterpartiesBackground to FSMA 2023The Financial Services and Markets Act 2023 (FSMA 2023) makes important...
Part 26A restructuring plan deal debrief—Petrofac Limited and Petrofac International (UAE) LLCPetrofac Limited (Petrofac) and Petrofac International...
2025: Key Restructuring & Insolvency casesName of parties and citation(s)Judgment dateSubjectFurther readingMitchell and another (joint liquidators of...
Centre of main interests (COMI) for corporatesDifferent definitions of COMIThe term ‘centre of main interests (COMI)’ is often used in cross-border...
Amendment agreement (letter format): for a bilateral facility agreement with or without security or a guarantee[To be printed on the headed paper of...
Witness statement in support of an application by an office-holder to fix the basis of their remunerationApplicant(s): [insert initials and surname]:...
Application notice by an office-holder to fix the basis of their remunerationNote: This Precedent should be used in conjunction with an application...
Draft order on an application by an office-holder to fix the basis of their remunerationCASE NO: [insert case number][IN THE HIGH COURT OF...
Indicative timetable for a scheme of arrangement under Part 26 of the Companies Act 2006 from 1 January 2026 onwardsThe Practice Statement for schemes...
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...
The method prescribed in legislation for the assessment of a debtor contribution in a trust-deed'>protected trust deed or under an Income Payment Order in sequestration
The Scottish equivalent of transactions at an undervalue. The time period is longer, extending to five years in corporate transactions with associated companies, and defences differ.
Smart contracts are computer programs that run automatically without the need for human intervention. The code of a smart contract is fully automated; designed to self-execute on the parties’ request, or on the satisfaction of pre-determined conditions. Examples of use cases include performing transactions on decentralised cryptocurrency exchanges, facilitating games and the exchange of collectibles between participants on a distributed ledger, and running online gambling programs.