Insolvency trading issues

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Practice notes
A popular restructuring method is a debt for equity swap; financial creditors receive equity in the restructured vehicle in return for reducing or...
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9th Nov
Practice notes
Ipso facto clauses definedContracts often contain provisions to the effect that the contracts will terminate upon the bankruptcy or insolvency of one...
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Produced in partnership with Liz Downing of Skadden Arps Slate Meagher & Flom LLP 12th Jan
Practice notes
The Insolvency (England and Wales) Rules 2016, SI 2016/1024 (IR 2016) provide for a revised scheme for decision making in insolvency from 6 April...
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Produced in partnership with Richard Bowles 12th Jan
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
DisclaimerUnder sections 178 and 315 of the Insolvency Act 1986 (IA 1986), a liquidator or a trustee in bankruptcy (trustee) has the power to disclaim...
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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 covers receivers who are appointed by the court, including the circumstances in which a court will appoint a receiver and who may...
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Produced in partnership with John Hughes of Shakespeare Martineau LLP 12th Jan
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
The purpose of section 216 of the Insolvency Act 1986Section 216 of the Insolvency Act 1986 (IA 1986) is aimed at preventing phoenix companies from...
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9th Nov
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...
Read More >
Produced in partnership with South Square and BDO LLP 12th Jan

Most recent Insolvency trading issues content

Q&As
This Q&A considers a scenario where:•there is a business-to-business commercial contract which is not subject to specific industry or sector...
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Produced in partnership with XXIV Old Buildings 16th Apr
Practice notes
The Transfer of Undertakings (Protection of Employment) Regulations 2006, SI 2006/246 (TUPE 2006) provides additional protection to the employee where...
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15th Apr
Practice notes
A pre-pack administration sale is a sale of a company’s business or assets, or both, which has been arranged in advance of a company entering...
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15th Apr
Practice notes
This Practice Note outlines the key general implications in relation to employment law in England arising from the UK’s withdrawal from the European...
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15th Apr
Practice notes
Stop pressOn 8 October 2020, the Insolvency Service published the outcome of its review conducted into the impact of the voluntary industry measures...
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14th Apr
Practice notes
Stop pressOn 8 October 2020, the Insolvency Service published the outcome of its review conducted into the impact of the voluntary industry measures...
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14th Apr
Practice notes
On 31 January 2020, the UK ceased to be a member of the EU and EEA. Given the extensive data flows between the EEA and UK, equivalent EEA data...
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12th Apr
Practice notes
On 31 January 2020, the UK ceased to be a member of the EU and EEA. Given the extensive data flows between the EEA and UK, equivalent EEA data...
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Produced in partnership with Pillsbury Winthrop Shaw Pittman LLP 12th Apr
Practice notes
An indemnity is an agreement by one person to bear the cost of certain claims brought against another person. For example, the seller may agree to...
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9th Apr
Practice notes
This Practice Note forms part of a set of Practice Notes on airline insolvency, for further information, see Practice Notes:•Guide to airline...
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Produced in partnership with Mark Craggs of Norton Rose Fulbright 9th Apr
Practice notes
This Practice Note considers common issues that may arise out of insolvency in the construction industry. It considers the effect and relevance of...
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Produced in partnership with Gurbinder Grewal, Ian Fox and Michael Wright of Dentons UK and Middle East LLP 9th Apr
Practice notes
This Practice Note provides a brief summary of the retail landscape and highlights some of the key legal and practical issues facing office-holders...
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Produced in partnership with Carolyn Jones 9th Apr
Practice notes
For the purposes of entitlement to a redundancy payment, an employee is dismissed by reason of redundancy if the reason for dismissal is:•the employer...
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9th Apr
Practice notes
This note gives guidance as to requirement of professional advisors to deliver up the books and records of a company in liquidation or a bankrupt to...
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Produced in partnership with Christopher Brockman of Enterprise Chambers 9th Apr
Practice notes
Sector trends, composition and challengesThe number of insolvencies in the food industry is increasing. The increase stems from changes in the...
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Produced in partnership with Paul Caldicott 9th Apr
Practice notes
What is an employee benefit trust scheme?An employee benefit trust (EBT) is used by many companies as a type of tax avoidance scheme, by which a...
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Produced in partnership with Benn Richards and Martin Askew of Clarke Willmott LLP 9th Apr
Practice notes
DisclaimerUnder sections 178 and 315 of the Insolvency Act 1986 (IA 1986), a liquidator or a trustee in bankruptcy (trustee) has the power to disclaim...
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9th Apr
Practice notes
Introduction to the airline industryThe purpose of this Practice Note is to provide an overview of some of the key features of airline insolvencies in...
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Produced in partnership with Mark Craggs of Norton Rose Fulbright 9th Apr
Practice notes
What is the main legislation covering this area?The main legislation concerning health and safety is the Health and Safety at Work etc Act 1974 (HSWA...
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Produced in partnership with Jeremy Bark of Bryan Cave Leighton Paisner LLP 9th Apr

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