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Insolvency litigation

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Latest Restructuring & Insolvency News

Questions around the proposed arbitration process for coronavirus rent arrears

Questions around the proposed arbitration process for coronavirus rent arrears

The following Banking & Finance news provides comprehensive and up to date legal information on Questions around the proposed arbitration process for coronavirus rent arrears

South Square Digest—July 2021

South Square Digest—July 2021

The following Restructuring & Insolvency news provides comprehensive and up to date legal information on South Square Digest—July 2021

Restructuring & Insolvency weekly highlights—22 July 2021

Restructuring & Insolvency weekly highlights—22 July 2021

The following Restructuring & Insolvency news provides comprehensive and up to date legal information on Restructuring & Insolvency weekly highlights—22 July 2021

INSOL Europe/LexisPSL Joint Project on ‘How EU Member States recognise insolvency/restructuring proceedings commenced in third country states’—Hungary

INSOL Europe/LexisPSL Joint Project on ‘How EU Member States recognise insolvency/restructuring proceedings commenced in third country states’—Hungary

The following Restructuring & Insolvency news provides comprehensive and up to date legal information on INSOL Europe/LexisPSL Joint Project on ‘How EU Member States recognise insolvency/restructuring proceedings commenced in third country states’—Hungary

Featured Restructuring & Insolvency content

What do insolvency searches at The Gazette reveal?

What do insolvency searches at The Gazette reveal?

What do insolvency searches at The Gazette reveal?What is The Gazette?The Gazette provides a permanent official public record of important statutory...

Debt for equity swaps

Debt for equity swaps

Debt for equity swapsA popular restructuring method is a debt for equity swap; financial creditors receive equity in the restructured vehicle in...

The Loan Market Association

The Loan Market Association

The Loan Market AssociationAims of the Loan Market AssociationThe Loan Market Association (LMA) was established in 1996 as a trade body with a key...

Insolvency searches for companies at the Central Registry

Insolvency searches for companies at the Central Registry

Insolvency searches for companies at the Central RegistryWhat is the Central Registry of Winding-up Petitions?The Central Registry of Winding-up...

Practice notes

Recapitalisations

RecapitalisationsThe term 'recapitalisation' refers to a company changing the proportions of its debt and equity, something which can be achieved in a...
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Produced in partnership with Alice Morgan of Sidley Austin LLP 19th May
Practice notes

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...
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19th May
Practice notes

What is a pre-pack administration sale?

What is a pre-pack administration sale?Stop pressOn 8 October 2020, the Insolvency Service published the outcome of its review conducted into the...
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19th May
Practice notes

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...
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Produced in partnership with South Square Chambers 19th May
Practice notes

Interference with goods in an insolvency situation

Interference with goods in an insolvency situationApplication to insolvencyFollowing an appointment, an office-holder will need to establish what...
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19th May
Practice notes

Role, powers, functions and duties of a liquidator

Role, powers, functions and duties of a liquidatorCoronavirus (COVID-19)This content is affected by the coronavirus (COVID-19) pandemic. For further...
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19th May
Practice notes

The deemed consent procedure, decision-making procedure, and meetings—the position under the Insolvency (England and Wales) Rules 2016

The deemed consent procedure, decision-making procedure, and meetings—the position under the Insolvency (England and Wales) Rules 2016The Insolvency...
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Produced in partnership with Richard Bowles 19th May
Practice notes

Secured creditors under a CVA—including effect on guarantees

Secured creditors under a CVA—including effect on guaranteesNeither the company nor its creditors may approve a company voluntary arrangement (CVA)...
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Produced in partnership with Lexa Hilliard QC of Wilberforce Chambers 19th May
Practice notes

Practice Direction on Insolvency Proceedings

Practice Direction on Insolvency ProceedingsCoronavirus (COVID-19)This content contains guidance on subjects impacted by the Coronavirus Act 2020 and...
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19th May
Q&As

The wording of paragraph 83 of Schedule B1 to the Insolvency Act 1986 suggests that an administrator only needs to think that the total amount which each creditor is likely to receive has been set aside, not that the secured creditor(s) have been or will be paid in full. Where an administrator is pursuing office-holder claims—such that any recoveries will not be caught by any security—can the administrator convert the administration to a creditors’ voluntary liquidation where secured creditors will not be paid in full or at all? The consent of secured and other creditors to extend the administration has not been forthcoming.

The wording of paragraph 83 of Schedule B1 to the Insolvency Act 1986 suggests that an administrator only needs to think that the total amount which...
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Produced in partnership with Caroline Clark 19th May
Practice notes

Effect on proceedings against a company being wound up and after a winding-up order is made

Effect on proceedings against a company being wound up and after a winding-up order is madeCoronavirus (COVID-19)This content contains guidance on...
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Produced in partnership with Eleanor Holland and Karl Anderson of 4 Stone Buildings 19th May
Practice notes

Coronavirus (COVID-19)—Changes to the court process in insolvency proceedings

Coronavirus (COVID-19)—Changes to the court process in insolvency proceedingsThe UK Government’s policy of social distancing in order to slow the...
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19th May
tag iconCOVID-19
Practice notes

Annulment of bankruptcy orders

Annulment of bankruptcy ordersThis Practice Note looks at the annulment of bankruptcy orders under section 282 of the Insolvency Act 1986 (IA 1986)...
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19th May
Practice notes

Wrongful trading claims under sections 214 and 246ZB of the Insolvency Act 1986

Wrongful trading claims under sections 214 and 246ZB of the Insolvency Act 1986What is wrongful trading?Wrongful trading is a claim which arises under...
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19th May
tag iconIn-house
Practice notes

The CVA proposal and procedure—the position under the Insolvency (England and Wales) Rules 2016

The CVA proposal and procedure—the position under the Insolvency (England and Wales) Rules 2016The company voluntary arrangement (CVA) proposal will...
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Produced in partnership with KPMG and Lexa Hilliard QC of Wilberforce Chambers 19th May
Practice notes

Insolvency set-off—the position under the Insolvency (England and Wales) Rules 2016

Insolvency set-off—the position under the Insolvency (England and Wales) Rules 2016IntroductionSet-off refers to claims that may be set-off against...
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Produced in partnership with South Square Chambers and BDO 19th May
tag iconIn-house

Most recent Insolvency litigation content

Practice notes

Inquiry into a company's dealings (including by way of private examination) under section 236 of the Insolvency Act 1986

Inquiry into a company's dealings (including by way of private examination) under section 236 of the Insolvency Act 1986Information about the...
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Produced in partnership with Roger Laville of Five Paper 26th Jul
Precedents

Witness statement in support of an application for permission for substituted or alternative service of insolvency proceedings

Witness statement in support of an application for permission for substituted or alternative service of insolvency proceedingsApplicant: [insert...
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23rd Jul
Precedents

Letter from an insolvency office-holder to any persons or companies with information, documentation or property relevant to the business, affairs, dealings and property of the insolvent entity or individual (sections 234–236 and 365–366 of the Insolvency Act 1986)

Letter from an insolvency office-holder to any persons or companies with information, documentation or property relevant to the business, affairs,...
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23rd Jul
Precedents

Application notice for an application by an insolvency office—holder under sections 234, 235, 236, 365 and 366 of the Insolvency Act 1986 for the delivery—up of information and property and for an order to examine any person with relevant information

Application notice for an application by an insolvency office—holder under sections 234, 235, 236, 365 and 366 of the Insolvency Act 1986 for the...
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23rd Jul
Precedents

Letter before action from a trustee in bankruptcy in respect of a proposed application to court seeking an order for possession and sale of the bankrupt’s property

Letter before action from a trustee in bankruptcy in respect of a proposed application to court seeking an order for possession and sale of the...
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23rd Jul
Practice notes

Business and Property Courts

Business and Property CourtsCoronavirus (COVID-19)The guidance detailing normal practice set out in this Practice Note may be affected by measures...
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23rd Jul
Practice notes

What effect does an insolvency process have on ongoing litigation and arbitration proceedings?

What effect does an insolvency process have on ongoing litigation and arbitration proceedings?This Practice Note discusses:•the effect of an...
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23rd Jul
Practice notes

Ways in which an IP can fund litigation and investigations where there are no assets in the estate

Ways in which an IP can fund litigation and investigations where there are no assets in the estateFunding concernsIn considering whether to institute...
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Produced in partnership with Joseph Carney of Three Stone 23rd Jul
Practice notes

Summary judgment and strike out in insolvency proceedings

Summary judgment and strike out in insolvency proceedingsSummary judgmentSummary judgment (SJ) decides a claim or one or more issues in the claim...
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Produced in partnership with Paul Wright of 9 Stone Buildings 23rd Jul
Precedents

Witness statement in support of an application for permission to serve insolvency proceedings out of the jurisdiction

Witness statement in support of an application for permission to serve insolvency proceedings out of the jurisdictionOther than in the court heading,...
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Produced in partnership with Poppy Rimington-Pounder of Radcliffe Chambers 23rd Jul
Precedents

Creditor funding agreement

Creditor funding agreementParties1[[name of company in liquidation] (In Liquidation) (‘the Company’) of [Company’s address;] OR [individual's name] in...
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Produced in partnership with Three Stone 23rd Jul
Precedents

Pre-commencement notice of funding where a pre-6 April 2016 conditional fee agreement is in place

Pre-commencement notice of funding where a pre-6 April 2016 conditional fee agreement is in placeThe potential Claimant hereby gives notice of the...
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Produced in partnership with Paul Wright of 9 Stone Buildings 23rd Jul
Q&As

Can all court documents be signed electronically? Is the position different in respect of insolvency proceedings?

Can all court documents be signed electronically? Is the position different in respect of insolvency proceedings?CPRThe CPR 5.3 states:'5.3 Signature...
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23rd Jul
Practice notes

Starting an appeal—general provisions

Starting an appeal—general provisionsCoronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by...
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22nd Jul
Practice notes

Escheat, bona vacantia and disclaimer by the Crown

Escheat, bona vacantia and disclaimer by the CrownEscheatParamount lordship of the CrownThe principle which underlies the doctrine of escheat is a...
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22nd Jul
Practice notes

Trial witness statements in the Business and Property Courts under CPR PD 57AC

Trial witness statements in the Business and Property Courts under CPR PD 57ACIntroductionThis Practice Note sets out the requirements for witness...
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22nd Jul
Practice notes

Evidence and evidence gathering—public examination of the bankrupt

Evidence and evidence gathering—public examination of the bankruptUnder section 15 of the Bankruptcy Act 1914 (the predecessor to the Insolvency Act...
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Produced in partnership with Graham McPhie of Wedlake Bell 22nd Jul
Practice notes

CE-File—electronic filing and case management in the Rolls Building and other courts

CE-File—electronic filing and case management in the Rolls Building and other courtsSTOP PRESS: This Practice Note is being reviewed in light of the...
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22nd Jul
tag iconCOVID-19
Practice notes

CE-File—introduction to electronic filing in the Rolls Building and other courts

CE-File—introduction to electronic filing in the Rolls Building and other courtsSTOP PRESS: This Practice Note is being reviewed in light of the 133rd...
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22nd Jul
tag iconCOVID-19
Practice notes

No deal Brexit—service of documents [Archived]

No deal Brexit—service of documents [Archived]ARCHIVED: This Practice Note covers the situation where the UK and the EU do not reach an agreement for...
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22nd Jul
tag iconBrexit

Popular documents

Defects liability period and rectification of defects

Defects liability period and rectification of defects

Defects liability period and rectification of defectsIt is common in construction projects for defects to manifest or appear in the works. Most construction contracts require the contractor to return to site to rectify (also known as ‘make good’) defects which arise or are discovered during a

Standard Commercial Property Conditions (Third Edition—2018 Revision)

Standard Commercial Property Conditions (Third Edition—2018 Revision)

The third edition of the Standard Commercial Property Conditions was published on 27 April 2017 a

Arbitration agreements—definition, purpose and interpretation

Arbitration agreements—definition, purpose and interpretation

Arbitration agreements—definition, purpose and interpretationThis Practice Note considers the nature and scope of arbitration agreements with a particular focus on arbitration agreements pursuant to the law of England and Wales, although it also discusses the concept from an international

Arms length management organisations (ALMOs)

Arms length management organisations (ALMOs)

Arms length management organisations (ALMOs)An arms length management organisation (ALMO) is a not-for-profit company that provides housing services on behalf of a local housing authority (LHA). Usually an ALMO is set up by the LHA to manage and improve all or part of its housing stock with the LHA