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Practice notes
A popular restructuring method is a debt for equity swap; financial creditors receive equity in the restructured vehicle in return for reducing or...
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9th Nov
Practice notes
Ipso facto clauses definedContracts often contain provisions to the effect that the contracts will terminate upon the bankruptcy or insolvency of one...
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Produced in partnership with Liz Downing of Skadden Arps Slate Meagher & Flom LLP 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
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
This Practice Note covers receivers who are appointed by the court, including the circumstances in which a court will appoint a receiver and who may...
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Produced in partnership with John Hughes of Shakespeare Martineau LLP 12th Jan
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
Practice notes
A demand for payment is a formal demand made in accordance with the contractual requirements underpinning the liability which the party issuing the...
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Produced in partnership with James Hannant of Guildhall Chambers 12th Jan
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
BrexitBREXIT: The UK is leaving the EU on Exit Day (as defined in the European Union (Withdrawal) Act 2018). This has an impact on this Practice Note....
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9th Nov
Practice notes
DIP financing generallyDebtor-in-possession financing (DIP financing) is new, post-petition financing provided to a debtor in a bankruptcy case. The...
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Produced in partnership with Liz Downing of Skadden Arps Slate Meagher & Flom LLP 12th Jan
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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9th Nov
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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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

Most recent Key R&I law developments content

Practice notes
This Practice Note discusses the impact of Brexit on the general processing of personal data under the General Data Protection Regulation, Regulation...
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16th Apr
Practice notes
Name of parties and citation(s)Judgment dateSubjectAnalysisRe Arise Networks Ltd; Official Receiver v Obaigbena [2021] EWHC 852 (Ch)8 April...
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16th Apr
Practice notes
BREXIT: 11pm (GMT) on 31 December 2020 (‘IP completion day’) marked the end of the Brexit transition/implementation period entered into following the...
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16th Apr
Practice notes
Key dates31 January 2020—Exit Day and implementation period began under the European Union (Withdrawal Agreement) Act 2020 (EU(WA)A 2020).31 December...
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16th Apr
Q&As
For the purposes of this Q&A, it is assumed that the relevant contract is a business-to-business contract for the supply of goods and/or services...
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Produced in partnership with Oberon Kwok of Selborne Chambers and Chris Bryden of 4 King’s Bench Walk 16th Apr
Q&As
This Q&A considers the restrictions on ipso facto clauses under section 233B of the Insolvency Act 1986 (IA 1986) and the impact on a supplier’s...
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Produced in partnership with Deanne Hamilton of Harrison Clark Rickerbys Limited 16th Apr
Practice notes
What are Statements of Insolvency Practice?Insolvency practitioners (IPs) are required to comply with both legislation and Statements of Insolvency...
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16th Apr
Practice notes
This Practice Note considers the impact of the UK leaving the EU on the application of Regulation (EU) 1215/2012, Brussels I (recast) to the...
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16th Apr
Practice notes
This Practice Note addresses the implications of the UK leaving the EU after the end of the implementation period, being 31 December 2020. This...
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16th Apr
Practice notes
This Practice Note considers the impact of the UK leaving the EU on the application of Regulation (EU) 1215/2012, Brussels I (recast) to determine...
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16th Apr
Practice notes
January 2021DateEvent1 January 2021The Hague Convention of 30 June 2005 on Choice of Court Agreements (Hague Convention) enters force for the UK from...
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15th Apr
Practice notes
This Practice Note sets out the areas of UK tax law that are affected by the UK's exit from the European Union (EU) (Brexit) and how.As of exit day...
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15th Apr
Q&As
None, provided the loan agreement is in Loan Market Association (LMA) standard form.The tax gross-up and indemnity clauses (and their accompanying...
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Produced in partnership with Eloise Walker of Pinsent Masons 15th Apr
Practice notes
This Practice Note discusses current issues and legal reforms (with links to the appropriate materials) that may be of interest to restructuring and...
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15th Apr
Practice notes
This Practice Note:•explains where to find information on the latest Brexit developments, in particular, those that impact financial...
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15th Apr
Practice notes
This Practice Note outlines the key general implications in relation to employment law in England arising from the UK’s withdrawal from the European...
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15th Apr
Q&As
Impact of BrexitBrexit will have no automatic impact on the Human Rights Act 1998 (HRA 1998), or the incorporation of the European Convention on Human...
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Produced in partnership with Alison Meacher of Hardwicke Chambers 15th Apr
Practice notes
The UK’s formal withdrawal from the EU took effect at 11 pm on 31 January 2020 (exit day). At this point, the withdrawal period under Article 50 TEU...
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Produced in partnership with Kieran Laird of Gowling WLG 15th Apr
Practice notes
As a result of the 23 June 2016 UK referendum on membership of the EU, which voted with a 52% majority voting in favour of the UK leaving the EU,...
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14th Apr
Practice notes
Stop pressOn 8 October 2020, the Insolvency Service published the outcome of its review conducted into the impact of the voluntary industry measures...
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14th Apr

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