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Practice notes
Insolvency searches for companies at the Central RegistryWhat is the Central Registry of Winding-up Petitions?The Central Registry of Winding-up...
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Produced in partnership with Stephen Allinson 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
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
Roles, powers and duties of an administrative receiverWhat is an administrative receiver?The Insolvency Act 1986 (IA 1986) sets out what an...
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Produced in partnership with John Hughes of Shakespeare Martineau LLP 19th May
Practice notes
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 2016The Insolvency...
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Produced in partnership with Richard Bowles 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
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
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
Prohibited names under section 216 of the Insolvency Act 1986The purpose of section 216 of the Insolvency Act 1986Section 216 of the Insolvency Act...
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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
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
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 Cross-border co-operation content

Practice notes
Arbitration and insolvency (England and Wales)Impact of national insolvency on domestic or foreign arbitration (England and Wales)This Practice Note...
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Produced in partnership with Patrick Taylor and Gavin Chesney of Debevoise & Plimpton LLP, the IBA's national rapporteurs for England & Wales 21st Jun
Practice notes
Insolvency exception in the Lugano Convention, the Brussels Convention, Brussels I, Brussels I (recast), the Hague Convention [Archived]This Practice...
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16th Jun
Practice notes
INSOL Europe/Lexis®PSL Joint Project on ‘How EU Member States recognise insolvency and restructuring proceedings of a third country’: consolidated...
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15th Jun
Practice notes
Brussels I (recast)—application and exclusionsThis Practice Note considers Regulation (EU) 1215/2012, Brussels I (recast) and what matters it will be...
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8th Jun
Practice notes
EU collection—Restructuring and InsolvencyThis Practice Note collects together Restructuring and Insolvency content that addresses matters of EU...
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7th Jun
Practice notes
UNCITRAL Model law on enterprise group insolvencyUNCITRAL Model Law on enterprise groups: current statusThe UNCITRAL Model Law on enterprise groups...
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7th Jun
Q&As
How does Brexit effect forum shopping for corporates and bankruptcy tourism for individuals?Brexit will have a major effect on both forum shopping for...
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6th Jun
Q&As
Can new territorial proceedings be commenced in the UK after IP completion day?Territorial proceedingsBefore IP completion day, Regulation (EU)...
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6th Jun
Q&As
What is the Retained Recast Regulation on Insolvency?European Union (Withdrawal Agreement) Act 2020The European Union (Withdrawal Agreement) Act 2020...
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5th Jun
Practice notes
Getting the Deal Through: Enforcement of Foreign Judgments 2021Jurisdictions coveredThe following jurisdictions are covered in this report:Austria;...
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5th Jun
Practice notes
Court-to-court assistance and Insolvency Act 1986, s 426Coronavirus (COVID-19)This content contains guidance on subjects impacted by the Coronavirus...
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5th Jun
Practice notes
Insolvency judgments and the Foreign Judgments (Reciprocal Enforcement) Act 1933The Foreign Judgments (Reciprocal Enforcement) Act 1933 (FJ(RE)A 1933)...
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5th Jun
Practice notes
Inbound proceedings—foreign insolvency practitioner seeking recognition in the UKImpact of BrexitAs of exit day (31 January 2020) the UK is no longer...
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5th Jun
Practice notes
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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5th Jun
Precedents
Cross-border protocol for insolvencies or restructuringsThis Agreement is made [insert day and month] 20 [insert year]Parties1[insert name of...
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5th Jun
Practice notes
How EU Member States recognise insolvency proceedings of a third-party stateUK statusAs of exit day (31 January 2020) the UK is no longer an EU Member...
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5th Jun
Practice notes
Cross-border protocols in insolvency or restructuringRationaleIn certain cross-border restructuring or insolvency cases, a protocol between the...
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5th Jun
Practice notes
Key cross-border guidelines for insolvency or restructuring casesIntroductionIn addition to the formal provisions of the UNCITRAL Model Law (enacted...
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5th Jun
Practice notes
Post IP completion day: Which court has jurisdiction in restructuring and insolvency cases?What is jurisdiction?Jurisdiction is the authority of the...
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5th Jun

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