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Practice notes
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 agreementWhen restructuring is considered rather than formal insolvency proceedings (see Practice Note: Benefits of...
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19th May
Practice notes
US bankruptcy financing—debtor-in-possession (DIP) financingDIP financing generallyDebtor-in-possession financing (DIP financing) is new,...
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Produced in partnership with Liz Downing of Skadden Arps Slate Meagher & Flom LLP 19th May
Practice notes
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
Marshalling debtWhat is marshalling?Marshalling is where two or more creditors are owed money by the same debtor, and one creditor has more than one...
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Produced in partnership with Karen Jacobs of Dentons 19th May
Practice notes
Statement of Insolvency Practice 16 (SIP 16)—pre-packaged sales in administrationInsolvency practitioners (IPs) are required to comply with both...
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19th May
Practice notes
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
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
Q&As
Can a claim be made against a company for trading whilst insolvent? If the company is conducting litigation, does this constitute ‘trading’? If so,...
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19th May
Practice notes
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
Equitable charges v legal charges—impact on saleabilityThis Practice Note considers the position of a security holder who has an equitable mortgage or...
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Produced in partnership with Jonathan Titmuss of Hardwicke 19th May
Practice notes
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
Practice notes
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
Practice notes
What is a statutory demand?This Practice Note looks at what a statutory demand is and what it seeks to achieve in both corporate and personal...
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19th May
Practice notes
Covenant waivers and resetsOne of the initial signs of distress is usually a covenant breach by the company. The lenders may agree to a simple waiver,...
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19th May

Most recent Insurance and insolvency content

Practice notes
Third Parties (Rights Against Insurers) Act 2010—one minute guidePurpose of the TP(RAI)A 2010The Third Parties (Rights against Insurers) Act 2010...
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Produced in partnership with HFW 1st Aug
Practice notes
Warranty and indemnity and contingent risk insurance in distressed M&A transactionsDespite economies around the world receiving unprecedented...
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1st Aug
Q&As
Will an insurance company accept a claim brought against an insolvent company by a purchaser when the product became faulty/damage arose while the...
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1st Aug
Q&As
Does the Third Parties (Rights Against Insurers) Act 1930 apply to special administrations?STOP PRESS: From 6 April 2017, the Insolvency Rules 1986,...
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31st Jul
Practice notes
Financial services firms and insolvencyBREXIT: 11pm (GMT) on 31 December 2020 (‘IP completion day’) marked the end of the Brexit...
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31st Jul
Practice notes
Third Parties (Rights Against Insurers) Act 2010This Practice Note considers the key provisions of the Third Parties (Rights Against Insurers) Act...
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31st Jul
Practice notes
Assignment of insurance policies and claims in insolvencyDuties of an office-holder to realise propertyInsolvency procedures (such as administration,...
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Produced in partnership with Helen Martin of Stevens & Bolton 31st Jul
Practice notes
Insolvency of insurersApplicable legislationInsolvency laws generally make special provisions for insurance companies, because of the regulated status...
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Produced in partnership with Geraldine Quirk of Bryan Cave Leighton Paisner 31st Jul
Practice notes
Brexit—impact on insolvent insurersStatus of the UKAs of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance...
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31st Jul
Practice notes
Insurance business transfer schemesConsistent with the common law of contract, an insurer is not able to transfer the burden of its obligations under...
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Produced in partnership with Geraldine Quirk of Bryan Cave Leighton Paisner 31st Jul
Practice notes
Insurers (Reorganisation and Winding-Up) Regulations [Archived]This Practice Note is archived from IP completion day onwards and is no longer...
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Produced in partnership with Geraldine Quirk of Bryan Cave Leighton Paisner 30th Jul
Practice notes
Corporate Insolvency and Governance Act 2020 moratorium and restrictions on ipso facto clauses—financial services exemptions mapThis Practice Note...
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30th Jul
Practice notes
Construction insolvency—the Third Parties (Rights Against Insurers) ActsThis Practice Note considers the Third Parties (Rights Against Insurers) Act...
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30th Jul
Practice notes
Insurers (Reorganisation and Winding-Up) Regulations: post-BrexitBackground and historyThe Insurers (Reorganisation and Winding-Up) Regulations 2003,...
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Produced in partnership with Geraldine Quirk of Bryan Cave Leighton Paisner 27th Jul
Practice notes
This flowchart provides an overview of the application of the Third Parties (Rights Against Insurers) Act 2010 and the Third Parties...
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26th Sep

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