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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
Marcia Shekerdemian
David Kerr
Lesley Anderson
Peter Declercq
Joseph Curl
Latest Restructuring & Insolvency News
The Insolvency Service has published a revised Individual Voluntary Arrangement (IVA) protocol—offering increased clarity and certainty for both...
This week's edition of Restructuring and Insolvency weekly highlights includes: the launch of our Market Insights Trend Report on Part 26A...
The Insolvency Service has announced that Bradford restaurateur Shohid Ahmed has been sentenced to two years' imprisonment after fraudulently...
The Insolvency Service has announced eight-year disqualifications for Frederick and Claire Reeves, the directors behind Solfan1 Limited (trading as...
The LexisNexis Restructuring & Insolvency practical guidance team has published a new Practice Note: ‘Official receivers—corporate insolvency'. This...
Latest Restructuring & Insolvency Practice Notes
Insolvency in the life sciences industryThe life sciences industry is made up of a diverse range of players and interested parties from small biotech...
Restructuring plans toolkit—News analysisRelevant news analysisThe Lexis+® UK teams regularly publish analysis on Part 26A restructuring plans, which...
Administration—an introductory guideAdministration is a procedure designed to give an entity breathing space, with a view to either a rescue or a...
Court fees in insolvency proceedingsCourt fees are payable in connection with the commencement of certain insolvency processes and during an...
Insolvency in the Further and Higher Education SectorThis Practice Note summarises the insolvency regime introduced by the Technical and Further...
Latest Restructuring & Insolvency Precedents
Consent protocol (light touch administration)UNDER PARAGRAPH 64 OF SCHEDULE B1 TO THE INSOLVENCY ACT 1986Pursuant to paragraph 64 of Schedule B1 to...
Asset sale agreement—non-going concern saleThis Agreement is made on [insert day and month] 20 [insert year]Parties1[Insert name of company in...
Administration order—joint administratorsCourt Reference No. [number].[IN THE HIGH COURT OF JUSTICEBUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES...
Administration orderCourt Reference No. [number].[IN THE HIGH COURT OF JUSTICEBUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN...
Asset purchase agreement—administration saleThis Agreement is made on [insert day and month] 20[insert year]Parties1[Insert name of company in...
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...
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...
Role, powers, functions and duties of a trustee in bankruptcy
Role, powers, functions and duties of a trustee in bankruptcyThis Practice Note looks at the roles, powers, functions and duties of the trustee in...
Associated legal terms
Administration
Administration is a procedure under the Insolvency Act 1986, under which a company in financial difficulties is run by an Administrator as a going concern prior to the implementation of longer-term options such as break-up and sale.
Protected trust deed
A trust deed may be protected as long as a majority in number or a third in value of creditors do not object to its terms. Once protected, the terms of the trust deed becomes binding on all the creditors preventing them from taking further action to recover their debts.
Sequestration
The Scottish term for the bankruptcy of an insolvent estate of an individual or partnership. Technically, it is a person's estate which is sequestrated or set aside for the use of his creditors.
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