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.
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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The Supreme Court has allowed an appeal by a majority (Lord Burrows dissenting) affirming that a defendant is liable in dishonest assistance for...
This week's edition of Restructuring and Insolvency weekly highlights includes: an analysis of the Supreme Court’s decision affirming that a defendant...
The Accountant in Bankruptcy (AiB) has published official statistics on statutory debt solutions and company insolvencies in Scotland for the first...
Restructuring & Insolvency analysis: The court held that when deciding whether to set aside a statutory demand it was not open to the court to take...
HMRC has published three new insolvency practitioner bulletins (10, 12, and 14) addressing Members Voluntary Liquidation (MVL) processes,...
Rejection of proof of debtThe rules applicable to proving a debt are found in the Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024,...
Scotland: compulsory liquidationFor the impact of Brexit on Scottish procedures, see Practice Note: Table showing impact of Brexit on jurisdiction to...
Creditor's appeal against rejection of proof of debtThe applicable rules are the Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024, rr...
Proof of debtThis Practice Note covers:•what a proof of debt is•the procedure for proving a debt•valuation/quantification of the debt, and•creditors...
Rome II—application and interpretation (UK only)This Practice Note is for use when determining applicable law in the courts of England and Wales in...
Application notice for an application by an insolvency office-holder under sections 234, 235, 236, 365 and 366 of the Insolvency Act 1986 to obtain...
Witness statement in support of an application by an insolvency office-holder under sections 234, 235, 236, 365 and 366 of the Insolvency Act 1986 to...
SCHEME OF ARRANGEMENT(pursuant to part 26 of the companies act 2006 of great britain)between[insert name of company]and itsScheme creditors(as defined...
Advertisement of restructuring plan meetingCourt Reference No: [INSERT COURT REF. NUMBER]Claim No. [insert claim number].[IN THE HIGH COURT OF...
Claim form (CPR Part 8) in respect of an application for a restructuring planClaim No. [insert claim number].[IN THE HIGH COURT OF JUSTICE][BUSINESS...
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 principles applicable to basic electronic signatures apply. Advanced electronic signatures are not expressly given particular status in respect of admissibility or legal effect. The crucial feature of advanced electronic signatures is that they require a link between the signature and the signatory, with a view to providing a degree of identity authentication. In practice, the evidential value of an advanced electronic signature is likely to be higher than a basic electronic signature due to the thorough processes used to create it. Most advanced electronic signatures rely on PKI to fulfil its requirements. A signature record can show any evidence of tampering.
Process (similar to diligence on the dependence) which restricts the debtor's ability to deal with a limited range of moveable assets in their possession while a court action progresses
means an agreement between the Parties to implement a plan to restructure the Company’s business and debts