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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 successfully pursued legal action against Christopher Cook, a disqualified director from Oxford, who continued to operate a...
The Insolvency Service has updated its enforcement outcomes management for December 2024. The data shows that there were 69 director disqualifications...
Restructuring & Insolvency analysis: The court upheld the decision of Chief ICC Judge Briggs, who had dismissed the applications by Mr Murfet and his...
The Insolvency Service has banned Mohamed Hamza, the owner of M&H Car Wash Ltd in Lincolnshire, from acting as a company director for five years, due...
Restructuring & Insolvency analysis: In an application by sports law firm, IPS Law LLP, to restrain the advertisement of a winding up petition against...
Latest Restructuring & Insolvency Practice Notes
Tax—FATCA trackerThis tax 'tracker' tool displays the current status of both US FATCA and UK FATCA intergovernmental agreements (IGA).The tracker is...
US: Foreign Account Tax Compliance Act (FATCA)—summaryThe Hiring Incentives to Restore Employment Act (the HIRE Act) includes provisions that give the...
Scottish civil recovery—process and procedure in the Court of SessionThis Practice Note outlines the Scottish procedure for obtaining a civil recovery...
Does a Part 26A restructuring plan fall within various insolvency/reorganisation exceptions?Financial Condition A for Part 26A restructuring...
Extortionate credit transactions—corporate and personal insolvencySetting aside a transaction on the basis that it was an extortionate credit...
Latest Restructuring & Insolvency Precedents
Calderbank claimant settlement offer pre-action[ON YOUR LETTERHEAD]WITHOUT PREJUDICE SAVE AS TO COSTS[SUBJECT TO CONTRACT][Insert date][Insert name...
Calderbank claimant settlement offer post-issue[ON YOUR LETTERHEAD]WITHOUT PREJUDICE SAVE AS TO COSTS[SUBJECT TO CONTRACT][Insert date][Insert name...
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...
Application notice to unwind a preference or transaction at an undervalueNote: This Precedent should be used in conjunction with an application notice...
Witness statement in support of an application to unwind a preference or transaction at an undervalueApplicant(s): [insert initials and surname]:...
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
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
Gratuitous alienation
The Scottish equivalent of transactions at an undervalue. The time period is longer, extending to five years in corporate transactions with associated companies, and defences differ.
Qualified electronic signatures
See Article 25 of Retained Regulation (EU) 910/2014, the UK eIDAS Regulation. A qualified electronic signature issued in the UK shall have the equivalent legal effect of a handwritten signature and carry a presumption of authenticity. It is the most secure type of electronic signature. Qualified certificates for electronic signatures issued by a qualified TSP in the UK will not be recognised as a qualified certificate for the purposes of the EU eIDAS Regulation. Qualified certificates for electronic signatures issued by a qualified TSP in an EU Member State continue to be recognised as a qualified certificate for the purposes of the UK eIDAS Regulation (Article 24A of Retained Regulation (EU) 910/2014, the UK eIDAS Regulation). A qualified electronic signature is sometimes required by law.
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