UNCITRAL Model Law and Cross Border Insolvency Regulations 2006 [CBIR]

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Practice notes
IntroductionThis Practice Note considers the disclosure pilot scheme which applies across the Business and Property Courts as of 1 January 2019. The...
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20th Oct
Practice notes
Welcome to the world of restructuring and insolvencyRestructuring and insolvency covers a variety of different processes and tools designed to achieve...
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15th Oct
Practice notes
This Practice Note discusses:•the effect of an insolvency process on pending court proceedings in which the debtor, bankrupt or insolvent company is a...
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15th Oct
Practice notes
Administration is a procedure designed to give an entity breathing space, with a view to either a rescue or a restructure or to allow for a better...
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15th Oct
Practice notes
The moratorium is at the very heart of the administration process, which is seen as one of the key tools for a company rescue or restructure of the...
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Produced in partnership with Kate Rogers of St Philips Chambers 15th Oct
Practice notes
This Practice Note looks at what a statutory demand is and what it seeks to achieve in both corporate and personal insolvency. It assumes that the...
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15th Oct
Practice notes
This Practice Note covers the process of disclaimer and the steps to be taken to disclaim. For guidance on what disclaimer is and what can be...
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Produced in partnership with Robert Hantusch of Three Stone 15th Oct
Practice notes
This Practice Note sets out guidance as to what happens when:•proceedings have been commenced against a company and a winding-up petition is presented...
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Produced in partnership with Eleanor Holland and Karl Anderson of 4 Stone Buildings 15th Oct
Practice notes
What is a misfeasance claim under section 212 of the Insolvency Act 1986?Claims commenced under section 212 of the Insolvency Act 1986 (IA 1986) are...
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13th Oct
Practice notes
The order of distribution of a company’s assets in administration is found in the Insolvency Act 1986 (IA 1986) and the Insolvency (England and Wales)...
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Produced in partnership with Robert Avis of XXIV Old Buildings 12th Oct
Practice notes
LiquidationThe order of distribution in liquidation, following the realisation of security by secured creditors (other than those with floating...
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Produced in partnership with South Square 12th Oct
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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5th Oct
Practice notes
Definition of property and some general principlesProperty is defined very widely in section 436 of the Insolvency Act 1986 (IA 1986), and includes...
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26th Sep
Practice notes
It is a long-established principle that winding-up proceedings should not be commenced where the petition debt is genuinely disputed on substantial...
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26th Sep
Practice notes
When restructuring is considered rather than formal insolvency proceedings (see Practice Note: Benefits of restructuring over formal proceedings) the...
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25th Sep
Practice notes
One of the main functions of the trustee in bankruptcy (trustee) is, in accordance with section 305(2) of the Insolvency Act 1986 (IA 1986), to get...
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25th Sep

Most recent UNCITRAL Model Law and Cross Border Insolvency Regulations 2006 [CBIR] content

Practice notes
Brexit impactAs of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has...
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25th Sep
Practice notes
Brexit impactAs of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has...
Read More >
25th Sep
Practice notes
Brexit impactAs of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has...
Read More >
25th Sep
Practice notes
Brexit impactAs of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has...
Read More >
25th Sep
Practice notes
Brexit impactAs of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has...
Read More >
25th Sep
Practice notes
Brexit impactAs of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has...
Read More >
25th Sep
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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25th Sep
Practice notes
Brexit impactAs of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has...
Read More >
25th Sep
Practice notes
OverviewAn international insolvency proceeding involves a financially-troubled debtor with operations and creditors in more than one country....
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25th Sep
Practice notes
Brexit impactAs of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has...
Read More >
25th Sep
Practice notes
Brexit impactAs of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has...
Read More >
26th Sep
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)...
Read More >
26th Sep
Q&As
Under English law, insolvency office-holders are permitted to assign certain claims and causes of action, including wrongful trading and antecedent...
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15th Oct
Practice notes
WarningThis Practice Note reflects the position maintained up to 25 June 2017 before the coming into force of the Recast Regulation on Insolvency...
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15th Oct
Practice notes
WarningThis Practice Note reflects the position maintained up to 25 June 2017 before the coming into force of the Recast Regulation on Insolvency...
Read More >
15th Oct
Practice notes
Brexit impactAs of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has...
Read More >
15th Oct

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