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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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This week's edition of Restructuring & Insolvency weekly highlights includes: an analysis of HMRC’s opposition to a Part 26A restructuring plan (In Re...
The Insolvency Service has updated its enforcement outcomes management information for April 2026. The data shows that there were 102 director...
The Insolvency Service has published issue 170 of its Dear IP newsletter. The issue includes updates to the IP Complaints Gateway guidance, a...
Tax analysis: In Re Waldorf, the High Court sanctioned (ie approved) the company’s restructuring plan under Part 26A of the Companies Act 2006,...
The Master of the Rolls and the Minister of State for Justice have signed the 195th Practice Direction (PD) Update, which broadens the scope of the...
Key steps and timetablesThe restructuring plan (RP) process largely mirrors that used in schemes:For cases where Cross Class Cram-Down (CCCD) or...
Waldorf Production UK Plc (the Company) applied for a second Part 26A restructuring plan (RP) at a sanction hearing in April 2026. The key points...
Rationale for the UNCITRAL guidanceIn the wake of the 2008 credit crunch and the increase in cross-border insolvencies, the United Nations Commission...
The rules applicable to proving a debt are found in the Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024, rr 14.2–14.25 regardless of...
ARCHIVED: This Practice Note has been archived and is no longer maintained.Name of parties and citation(s)Judgment dateSubjectFurther readingRe Argo...
Applicant: [insert initials and surname]: 1st: (exhibits).1–4: [insert date] 20[insert year]Court Reference No: [INSERT COURT REF. NUMBER][IN THE HIGH...
Company number: [insert number][insert company name] [LTD OR PLC]Minutes of a meeting of the board of directors (the Meeting) of [insert full name of...
Applicant(s): [insert initials and surname]: [insert number of witness statement eg 1st] Exhibit: [insert exhibit description]: Date: [insert date of...
Note: This Precedent should be used in conjunction with an application notice template that complies with the Insolvency (England and Wales) Rules...
CASE NO: [insert case number][IN THE HIGH COURT OF JUSTICEBUSINESS AND PROPERTY COURTS OF ENGLAND AND WALESINSOLVENCY AND COMPANIES LIST (ChD)ORIN THE...
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...
Legal reciprocity – the principle that one jurisdiction will recognise the validity and effect of another's orders and acts.
A licensed insolvency practitioner appointed pending the award of sequestration with powers to preserve the insolvent estate of the individual or partnership in Scotland
A clause used by suppliers to retain title to goods.