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Insolvency litigation

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Latest Restructuring & Insolvency News

Judgment handed down by the High Court in first mid-market restructuring plan (Re Amicus Finance plc (in administration)

Judgment handed down by the High Court in first mid-market restructuring plan (Re Amicus Finance plc (in administration)

The following Banking & Finance news provides comprehensive and up to date legal information on Judgment handed down by the High Court in first mid-market restructuring plan (Re Amicus Finance plc (in administration)

Restructuring plans and SMEs (Re Amicus Finance plc)

Restructuring plans and SMEs (Re Amicus Finance plc)

The following Banking & Finance news provides comprehensive and up to date legal information on Restructuring plans and SMEs (Re Amicus Finance plc)

Restructuring & Insolvency weekly highlights—25 November 2021

Restructuring & Insolvency weekly highlights—25 November 2021

The following Restructuring & Insolvency news provides comprehensive and up to date legal information on Restructuring & Insolvency weekly highlights—25 November 2021

EU administered pensions and bankruptcy in UK—exclusion of pension rights from the bankrupt’s estate

EU administered pensions and bankruptcy in UK—exclusion of pension rights from the bankrupt’s estate

The following Pensions news provides comprehensive and up to date legal information on EU administered pensions and bankruptcy in UK—exclusion of pension rights from the bankrupt’s estate

Featured Restructuring & Insolvency content

Recapitalisations

Recapitalisations

RecapitalisationsThe term 'recapitalisation' refers to a company changing the proportions of its debt and equity, something which can be achieved in a...

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...

Understanding official copy entries from an enforcement point of view

Understanding official copy entries from an enforcement point of view

Understanding official copy entries from an enforcement point of viewThis Practice Note considers the review of official copy entries (commonly called...

Receivership—an introductory guide

Receivership—an introductory guide

Receivership—an introductory guideThe appointment of a receiver is a remedy for creditors and certain third parties to protect their interest in...

Practice notes

Future debts, contingent debts, secured debts—the position under the Insolvency (England and Wales) Rules 2016

Future debts, contingent debts, secured debts—the position under the Insolvency (England and Wales) Rules 2016Provable debtsThe general rule as to...
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Produced in partnership with South Square Chambers 16th Nov
Practice notes

Scotland: the process for applying for sequestration

Scotland: the process for applying for sequestrationFor the impact of Brexit on Scottish procedures, see Practice Note: Table showing impact of Brexit...
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Produced in partnership with James Lloyd of Harper Macleod LLP 16th Nov
tag iconScottish Law
Practice notes

Comity and the court's inherent jurisdiction—application and effects

Comity and the court's inherent jurisdiction—application and effectsComityComity is the general common law principle that courts will recognise and...
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16th Nov
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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16th Nov
Q&As

What is the difference between an appeal and a review?

What is the difference between an appeal and a review?What is an appeal?An appeal in insolvency proceedings is no different to an appeal in normal...
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16th Nov
Practice notes

Key provisions of the financial collateral regulations

Key provisions of the financial collateral regulationsRationaleThe Financial Collateral Directive was first implemented in the UK under the Financial...
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16th Nov
Practice notes

The Temporary Insolvency Practice Direction Supporting the Insolvency Practice Direction (June 2021) [Archived]

The Temporary Insolvency Practice Direction Supporting the Insolvency Practice Direction (June 2021) [Archived]Background to the Temporary Insolvency...
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16th Nov
tag iconCOVID-19
Practice notes

Court-appointed receivers—when a court will appoint a receiver and who may be appointed

Court-appointed receivers—when a court will appoint a receiver and who may be appointedThis Practice Note covers receivers who are appointed by the...
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Produced in partnership with John Hughes of Shakespeare Martineau LLP 16th Nov
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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16th Nov
Practice notes

Impact of credit ratings downgrades

Impact of credit ratings downgradesRatings outlooks and watch-listsThe three main credit rating agents (CRAs), Moody's Investors, Standard & Poor's...
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16th Nov
Q&As

Joint LPA receivers have been appointed and one receiver wishes to resign. What is the impact on the remaining receiver’s appointment?

Joint LPA receivers have been appointed and one receiver wishes to resign. What is the impact on the remaining receiver’s appointment?There is no...
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16th Nov
Practice notes

Rejection of proof of debt—the position under the Insolvency (England and Wales) Rules 2016

Rejection of proof of debt—the position under the Insolvency (England and Wales) Rules 2016Insolvency (England and Wales) Rules 2016The rules...
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Produced in partnership with South Square Chambers 16th Nov
Practice notes

Security Review—example structure chart

Security Review—example structure chartA structure chart showing the corporate structure of a borrower together with the security granted in favour of...
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16th Nov
Precedents

Claim form (CPR Part 8) in respect of an application for a scheme of arrangement

Claim form (CPR Part 8) in respect of an application for a scheme of arrangement[IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY COURTS [OF ENGLAND...
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Produced in partnership with Geraldine Quirk of Bryan Cave Leighton Paisner 16th Nov
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 16th Nov
Precedents

Witness statement in support of application for substituted service of a bankruptcy petition

Witness statement in support of application for substituted service of a bankruptcy petitionApplicant: [insert initials and surname]: 1st:...
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16th Nov

Popular documents

Admissibility of hearsay evidence in criminal proceedings

Admissibility of hearsay evidence in criminal proceedings

Admissibility of hearsay evidence in criminal proceedingsHow to identify hearsayThe definition of hearsay is contained in the Criminal Justice Act 2003 (CJA 2003). It comprises of four essential elements.There must be:•a statement•made out of court•relied on for the truth of the matter stated,

Entrapment

Entrapment

Entrapment There is no defence of entrapment in English law but it is considered to be an abuse of the process of the court for state agents to lure a person into committing illegal acts and then seek to prosecute him for doing so. The House of Lords said that, although entrapment is not a

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 made

What is a statutory declaration of solvency, and what happens if a false declaration of solvency is madeStatutory declaration of solvencyA company enters voluntary liquidation when the members of the company vote to do so by a special resolution. For more information, see Practice Note: What is a

Deed of surrender

Deed of surrender

DateD [date]Parties1[name of Landlord] [of OR incorporated in England and Wales with company registration number [number] whose registered office is at] [address] (Landlord)2[name of Tenant] [of OR incorporated in England and Wales with company registration number [number] whose registered office