Recast Regulation on Insolvency [Archived]

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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
One of the initial signs of distress is usually a covenant breach by the company. The lenders may agree to a simple waiver, which cures a temporary...
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9th Nov
Practice notes
Coronavirus (COVID-19)This content is affected by the coronavirus (COVID-19) pandemic. For further details, take a look at our Coronavirus (COVID-19)...
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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
This Practice Note looks at:•the key features of loan to value (LTV) covenants•possible issues with calling an event of default based on a LTV...
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Produced in partnership with Alexander Pelopidas, James Walton and Matthew Brew of Rosling King LLP 12th Jan
Practice notes
This Practice Note looks at equitable accounting, what it is, how and when it applies. It does not look at how the trustee in bankruptcy (trustee)...
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9th Nov
Practice notes
It is possible for a claim to be brought under section 423 of the Insolvency Act 1986 (IA 1986) against a company or individual following a...
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9th Nov
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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9th Nov
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
IntroductionSet-off refers to claims that may be set-off against other claims. A set-off is the right of one party, Party A, who is owed money by...
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Produced in partnership with South Square and BDO LLP 12th Jan
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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Produced in partnership with South Square and BDO LLP 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...
Read More >
9th Nov

Most recent Recast Regulation on Insolvency [Archived] content

Q&As
Centre of main interests (COMI)COMI is an important concept under the EU Recast Regulation on Insolvency Proceedings (Regulation (EU) 2015/848)...
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14th Apr
Practice notes
From IP completion day onwards, this document is archived and is no longer maintained.Brexit impactAs of exit day (31 January 2020) the UK is no...
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9th Apr
Practice notes
From IP completion day onwards, this document is archived and is no longer maintained.Brexit impactAs of exit day (31 January 2020) the UK is no...
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9th Apr
Practice notes
From IP completion day onwards, this document is archived and no longer maintained.This Practice Note covers the position for proceedings commenced...
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9th Apr
Practice notes
Warning:This Practice Note is maintained only to cover the position in the immediate aftermath of the Brexit vote on 23 June 2016, and is for historic...
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9th Apr
Practice notes
This Practice Note is archived from IP completion day onwards and is no longer maintained.UK statusAs of exit day (31 January 2020) the UK is no...
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9th Apr
Practice notes
From IP completion day onwards, this document is archived and is no longer maintained.Substantial reforms are made to the EC Regulation on Insolvency,...
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9th Apr
Practice notes
This Practice Note is archived from IP completion day onwards. It covers the position for proceedings commenced before IP completion day. For the...
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9th Apr
Q&As
SummaryA lender would be prudent to insist that representations and undertakings relating to obligors’ centre of main interest (COMI) remain in a...
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9th Apr
Practice notes
Status of the UKAs of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK...
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8th Apr
Practice notes
From IP completion day onwards, this document is archived and is no longer maintained.Brexit impactAs of exit day (31 January 2020) the UK is no...
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Produced in partnership with Skadden 31st Mar
Q&As
Assuming no deal on insolvency, then the Insolvency (Amendment) (EU Exit) Regulations 2019 (Insolvency Brexit Regulations), SI 2019/146, kick in from...
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23rd Mar
Q&As
European Union (Withdrawal Agreement) Act 2020The European Union (Withdrawal Agreement) Act 2020 (the Act) was introduced to facilitate the...
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23rd Mar
Q&As
European Union (Withdrawal Agreement) Act 2020The European Union (Withdrawal Agreement) Act 2020 (the Act) was introduced to facilitate the...
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23rd Mar
Practice notes
This Practice Note has been archived and is not maintained.Brexit impactAs of exit day (31 January 2020) the UK is no longer an EU Member State....
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Produced in partnership with Hamish Anderson of Norton Rose Fulbright LLP 10th Mar
Practice notes
From IP completion day onwards, this document is archived and is no longer maintained.Brexit impactAs of exit day (31 January 2020) the UK is no...
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28th Feb
Practice notes
From IP completion day onwards, this document is archived and no longer maintained.Brexit impactAs of exit day (31 January 2020) the UK is no longer...
Read More >
28th Feb
Practice notes
From IP completion day onwards, this document is archived and no longer maintained.Brexit impactAs of exit day (31 January 2020) the UK is no longer...
Read More >
28th Feb
Practice notes
From IP completion day onwards, this document is archived and is no longer maintained.Brexit impactTo address the issue of the service of documents...
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28th Feb
Practice notes
From IP completion day onwards, this document is archived and is no longer maintained.Brexit impactAs of exit day (31 January 2020) the UK is no...
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28th Feb

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