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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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Helping restructuring and insolvency professionals stay up-to-date with legal and market developments, and work faster and smarter.
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Our Restructuring & Insolvency Experts
Marcia Shekerdemian
David Kerr
Lesley Anderson
Peter Declercq
Joseph Curl
Latest Restructuring & Insolvency News
This week's edition of Restructuring & Insolvency weekly highlights includes: an analysis on the ‘The Third Excepted Case’ in relation to liability...
Construction analysis: The historic causes of insolvency, the lessons to be learnt from recent case studies and the wider implications for key players...
Restructuring & Insolvency analysis: This was an application to set aside default judgments entered for different amounts against the first, fourth,...
The Insolvency Service has imposed a seven-year directorship ban on Ali Avlik, the owner of a former Turkish restaurant in Chatteris, Cambridgeshire,...
This week's edition of Restructuring & Insolvency weekly highlights includes: confirmation by the Supreme Court of the immovables rule to English...
Latest Restructuring & Insolvency Practice Notes
Funding and litigating a claim vs selling or assigning a claimWhat options are available when deciding how to fund litigation?Litigation funding in...
How a pension is dealt with in bankruptcyThe position of a personal pension on bankruptcyA bankrupt’s estate automatically vests in the official...
Part 26A restructuring plan deal debriefsThe deal debriefs set out various metrics for each Part 26A restructuring plan (RP), including: the timeline,...
Pros and cons of cryptoassetsWhat are cryptoassets?One of the hurdles in relation to understanding non-traditional currencies and assets lies in the...
Introduction to cryptoassets for corporate crime practitionersWhat are cryptoassets and why are they frequently involved in criminal activity?For the...
Latest Restructuring & Insolvency Precedents
Deed of surrender (tenant in administration)Date [insert date of surrender]Parties1[insert name of Landlord] [of [insert address] OR incorporated in...
Security review reportPrepared in relation to [name of borrower] (a limited company registered in England and Wales with company number [company...
Contract for sale—sale by trustee in bankruptcy or by bankrupt co-ownerdate [date]Parties1[[name of Trustee in Bankruptcy] of [address] (the trustee...
Witness statement in support of an application for a declaration that a transaction is void under section 127 of the Insolvency Act 1986Applicant(s):...
Application notice seeking a declaration that a transaction is void under section 127 of the Insolvency Act 1986Note: This Precedent should be used 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...
The pari passu principle and collection remedies for the office-holder—the position under the Insolvency (England and Wales) Rules 2016
The pari passu principle and collection remedies for the office-holder—the position under the Insolvency (England and Wales) Rules 2016The primary...
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...
Associated legal terms
Act of division and sale
An action which seeks the authority of the court for jointly owned property to be sold and the proceeds of sale divided between the co-owners, according to their interest
Advanced electronic signatures
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.
Debtor Contribution Order (‘DCO’)
Process for obtaining contributions from a debtor's income during their bankruptcy. The contributions are set by the AiB using the Common Financial Tool
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