Explore the essential framework and procedures for identifying and managing company insolvencies. Dive into the specific stages, from initial distress signals to formal insolvency proceedings, and gain invaluable insights on navigating liquidations, administrations, and company voluntary arrangements. Equip yourself with practical strategies and best practice guidance to support your clients through complex corporate financial difficulties.
The Information Commissioner’s Office (ICO) has published guidance on artificial intelligence (AI)-assisted subject access requests (SARs) under...
This week's edition of Restructuring & Insolvency weekly highlights includes: an analysis on the dismissal of a second application to dismiss a...
The Institute of Chartered Accountants of Scotland (ICAS) has published its insolvency technical update for October 2026, highlighting proposed...
Restructuring & Insolvency analysis: The High Court dismissed a debtor’s application to dismiss a winding-up petition as an abuse of process. Its...
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...
Receivership—an introductory guideThe appointment of a receiver is a remedy for creditors and certain third parties to protect their interest in assets of a company.This guide gives an introduction to the types of receiverships available and some of the effects of appointing a receiver. For links to
Best price reasonably obtainable—what it means for receiversThe receiver’s dutyThe duty owed by a receiver to a mortgagor when selling a property is the same as that owed by the mortgagee to a mortgagor:•in exercising its power of sale over mortgaged property a mortgagee is under a general duty to
How an administration comes to an endThere are several ways in which an administration can come to an end depending on the specific circumstances of the administration.The starting point is that an administration should not last longer than 12 months—the administration will come to an automatic end
Can you wind-up a company when the debt is disputed?It is a long-established principle that winding-up proceedings should not be commenced where the petition debt is genuinely disputed on substantial grounds. If a purported creditor attempts to do so, the court can invoke its inherent jurisdiction
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