Forum shopping and COMI shifting

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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
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
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
Practice Direction on Insolvency ProceedingsCoronavirus (COVID-19)This content contains guidance on subjects impacted by the Coronavirus Act 2020 and...
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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
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
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
Bankruptcy petitions—process and procedureBefore the hearing of the creditors’ bankruptcy petition takes place, there are a number of steps that must...
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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
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
A guide to independent business reviewsThis Practice Note looks at independent business reviews (IBRs) and aims to:•provide high level guidance around...
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Produced in partnership with Allan Kelly of RSM 19th May

Most recent Forum shopping and COMI shifting content

Practice notes
Forum shopping and practical ways to move COMIRationaleIn any cross-border case involving a formal insolvency procedure, insolvency practitioners...
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5th Sep
Practice notes
How to place a foreign company into administration in the UK [Archived]This Practice Note is archived from IP completion day onwards (11pm on 31...
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Produced in partnership with Edoardo Lupi of South Square 18th Aug
Practice notes
Overseas companies in the UK—winding up, liquidation, insolvency and closureWhen an overseas company opens an establishment which carries on business...
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12th Aug
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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31st Jul
Q&As
Are COMI undertakings and representations still relevant if all borrowers and guarantors under a facility agreement are English companies?SummaryA...
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31st Jul
Practice notes
Schemes and forum shoppingIP completion dayAs of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the...
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31st Jul
Practice notes
Benefits of various jurisdictionsBrexit impactAs of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the...
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31st Jul
Practice notes
Restructuring cross-border groups using English pre-pack administration [Archived]This Practice Note is archived and no longer maintained. As of exit...
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31st Jul
Practice notes
Table of advantages and disadvantages of restructuring in various jurisdictions worldwideRationaleIn any cross-border case involving a formal...
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30th Jul

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