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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
Role, powers, functions and duties of a trustee in bankruptcyThis Practice Note looks at the roles, powers, functions and duties of the trustee in...
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19th May
Practice notes
Joint office-holder appointmentsAll insolvency processes allow for the joint appointment of office-holders if required. Whether it is appropriate or...
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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
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
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
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 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
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
Compulsory winding up of a company—the process and procedureSTOP PRESS: The Corporate Insolvency and Governance Act 2020 contains provisions which, on...
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Produced in partnership with Eleanor Holland and Karl Anderson of 4 Stone Buildings 19th May
Practice notes
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
Precedents
Court Reference No: [INSERT COURT REF. NUMBER][IN THE HIGH COURT OF JUSTICEBUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [INSERT...
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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
Practice notes
Basic introduction to super senior, senior, mezzanine and junior debtThe range of funding options open to companies has exploded, resulting in a vast...
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19th May

Most recent Insurers content

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 16th Jun
Practice notes
Warranty and indemnity and contingent risk insurance in distressed M&A transactionsDespite economies around the world receiving unprecedented...
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6th Jun
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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5th Jun
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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5th Jun
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 5th Jun
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 5th Jun
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 5th Jun
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 5th Jun
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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5th Jun
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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5th Jun
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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5th Jun
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 5th Jun
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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4th Jun
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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4th Jun
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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