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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The Home Office, HM Treasury, Ministry of Justice, Companies House, Serious Fraud Office and Department for Business and Trade have updated guidance...
The Insolvency Practitioners Association (IPA) has issued guidance following HM Treasury's announcement of a voluntary COVID repayment scheme on 12...
The Insolvency Service announced that Davis Acquisitions Ltd was wound up in the interest of the public at the High Court in Manchester on 30...
This week's edition of Restructuring & Insolvency weekly highlights includes: an analysis of a judgment that considers an application for possession...
The LexisNexis Restructuring & Insolvency practical guidance team has published a new Practice Note—‘Insolvency claims and sections 21 and 32 of the...
How to use CE-File—from 1 October 2025This Practice Note provides guidance on CE-File electronic filing (also known as e-working/e-filing) in the...
How to investigate a UK company The extent of any exercise undertaken to investigate a limited company in the UK will partly depend on whether the...
Part 26 scheme deal debrief—SWS Holdings Limited and Greensands Financing Plc (part of the Southern Water group)SWS Holdings Limited and Greensands...
Part 26A restructuring plan deal debrief—River Island Holdings LimitedRiver Island Holdings Limited applied for a Part 26A restructuring plan (RP) at...
Part 26A restructuring plans: history, rationale and scopePart 26A restructuring plans (RPs) have been available from 26 June 2020 under the Corporate...
Part 26A restructuring plan Supplemental Practice Statement Letter (PSL)IMPORTANT NOTICE FROM [insert name of Company]THIS LETTER IS IMPORTANT AND...
Application notice for a misfeasance claim under section 212 of the Insolvency Act 1986Note: This Precedent should be used in conjunction with an...
Witness statement in support of a fraudulent trading claim under sections 213 and 246ZA of the Insolvency Act 1986While both liquidators and...
Application notice for a fraudulent trading claim under sections 213 and 246ZA of the Insolvency Act 1986Note: This Precedent should be used in...
Witness statement in support of a misfeasance claim under section 212 of the Insolvency Act 1986Applicant(s): [insert initials and surname] [insert...
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...
A process which gives creditors a right or security over heritable property owned by the debtor, either alone or following inhibition. The creditor must first have a decree or other relevant document of debt
This is a process lodged at courts in Scotland which can provide a person with notice'>advance notice of applications for winding-up; bankruptcy petitions issued in Scotland or orders for interim interdict (injunction)
Scottish property conveyancing is carried out through the issue of ‘missives’ and contracts are exchanged by ‘conclusion of missives’