Special administration

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Practice notes
STOP PRESS: This Practice Note is being updated for the Corporate Insolvency and Governance Act 2020 (CIGA 2020), which introduces a new insolvency...
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Produced in partnership with Stephen Allinson 12th Jan
Practice notes
IntroductionThis Practice Note will give a basic overview of the applicable tests for cashflow and balance sheet insolvency under section 123 of the...
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Produced in partnership with South Square 12th Jan
Practice notes
One of the initial signs of distress is usually a covenant breach by the company. The lenders may agree to a simple waiver, which cures a temporary...
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9th Nov
Practice notes
Coronavirus (COVID-19)This content is affected by the coronavirus (COVID-19) pandemic. For further details, take a look at our Coronavirus (COVID-19)...
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9th Nov
Practice notes
Coronavirus (COVID-19)This content contains guidance on subjects impacted by the Coronavirus Act 2020 and related changes to court procedures and...
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9th Nov
Practice notes
Creditors are often keen to establish proprietary claims as they create rights in rem (which attach to the property itself) rather than personal...
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9th Nov
Practice notes
The Court of Appeal has made it clear in JCAM that a moratorium cannot be obtained through the back door by filing a notice of intention to appoint an...
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Produced in partnership with Lexa Hilliard QC of Wilberforce Chambers 12th Jan
Practice notes
This Practice Note looks at equitable accounting, what it is, how and when it applies. It does not look at how the trustee in bankruptcy (trustee)...
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9th Nov
Practice notes
It is possible for a claim to be brought under section 423 of the Insolvency Act 1986 (IA 1986) against a company or individual following a...
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9th Nov
Practice notes
A demand for payment is a formal demand made in accordance with the contractual requirements underpinning the liability which the party issuing the...
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Produced in partnership with James Hannant of Guildhall Chambers 12th Jan
Practice notes
BrexitBREXIT: The UK is leaving the EU on Exit Day (as defined in the European Union (Withdrawal) Act 2018). This has an impact on this Practice Note....
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9th Nov
Practice notes
DIP financing generallyDebtor-in-possession financing (DIP financing) is new, post-petition financing provided to a debtor in a bankruptcy case. The...
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Produced in partnership with Liz Downing of Skadden Arps Slate Meagher & Flom LLP 12th Jan
Practice notes
What is a misfeasance claim under section 212 of the Insolvency Act 1986?Claims commenced under section 212 of the Insolvency Act 1986 (IA 1986) are...
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9th Nov
Practice notes
This Practice Note looks at independent business reviews (IBRs) and aims to:•provide high level guidance around an IBR•identify when an IBR may be...
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Produced in partnership with Allan Kelly of RSM 12th Jan
Practice notes
Coronavirus (COVID-19)This content contains guidance on subjects impacted by the Coronavirus Act 2020 and related changes to court procedures and...
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9th Nov
Practice notes
Coronavirus (COVID-19)This content contains guidance on subjects impacted by the Coronavirus Act 2020 and related changes to court procedures and...
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Produced in partnership with South Square and BDO LLP 12th Jan

Most recent Special administration content

Practice notes
This Practice Note summarises the insolvency regime introduced by the Technical and Further Education Act 2017 (TAFEA 2017), the Further Education...
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Produced in partnership with Neil Smyth of Mills & Reeve LLP 9th Apr
Practice notes
Insolvency of private not-for-profit registered providers of social housingThe social housing sector in England is commonly described as a ‘no...
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Produced in partnership with Eleanor James of Trowers & Hamlins LLP 9th Apr
Precedents
Applicant[NAME OF WITNESS]First Witness StatementDate: []Exhibit [XX1]Court Reference No:[ INSERT COURT REF. NUMBER][IN THE HIGH COURT OF JUSTICE...
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8th Apr
Precedents
[TO BE TYPED ON THE HEADED NOTEPAPER OF THE SPECIAL ADMINISTRATORS’ FIRM]TO ALL KNOWN CREDITORS[ENTER DATE]Dear Sirs[name of Investment Bank]—in...
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6th Apr
Precedents
[Investment Bank name](in Special Administration)Special Administrators’ Proposals for achieving the purpose of the Special AdministrationNotice:...
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24th Mar
Practice notes
Why these Regulations were introducedThe financial crisis, commencing in 2007 and marked notably by the collapse of Lehman Brothers in September 2008,...
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Produced in partnership with Dominic McCahill of Skadden 23rd Mar
Precedents
[company name]Date of special administration [date]Creditor’s name and address [name, address and registered number]Gross amount due to creditor at...
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9th Mar
Precedents
Court Reference No:[ INSERT COURT REF. NUMBER][IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES] [IN [INSERT...
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Produced in partnership with Charlotte Møller of Brown Rudnick LLP 9th Mar
Precedents
------------------------------------------------------------------------------------------------------------------------------------------[company...
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9th Mar
Precedents
Frequently Asked Questions—clients, investors or trade creditorsThese FAQs are intended as guidance only in relation to the Special Administration of...
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9th Mar
Precedents
[INSERT NAME OF INVESTMENT BANK]Minutes of a meeting of the board of directors of [insert name of investment bank] (the ‘Company’) held at [insert...
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9th Mar
Q&As
STOP PRESS: From 6 April 2017, the Insolvency Rules 1986, SI 1986/1925 were revoked and replaced by the Insolvency (England and Wales) Rules 2016 (IR...
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15th Feb
Precedents
[TO BE TYPED ON THE HEADED NOTEPAPER OF THE SPECIAL ADMINISTRATORS’ FIRM]TO ALL KNOWN CLIENTS[ENTER DATE]Dear Sirs[name of Investment Bank]—in special...
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21st Jan
Precedents
[investment bank name] (in special administration)[Joint] Special Administrators’ Progress Reportfor the six-month period [date] to [date]Notice:...
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Produced in partnership with Charlotte Møller of Brown Rudnick LLP 8th Jan

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