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Latest Restructuring & Insolvency News

Questions around the proposed arbitration process for coronavirus rent arrears

The following Banking & Finance news provides comprehensive and up to date legal information on Questions around the proposed arbitration process for coronavirus rent arrears

South Square Digest—July 2021

The following Restructuring & Insolvency news provides comprehensive and up to date legal information on South Square Digest—July 2021

Restructuring & Insolvency weekly highlights—22 July 2021

The following Restructuring & Insolvency news provides comprehensive and up to date legal information on Restructuring & Insolvency weekly highlights—22 July 2021

INSOL Europe/LexisPSL Joint Project on ‘How EU Member States recognise insolvency/restructuring proceedings commenced in third country states’—Hungary

The following Restructuring & Insolvency news provides comprehensive and up to date legal information on INSOL Europe/LexisPSL Joint Project on ‘How EU Member States recognise insolvency/restructuring proceedings commenced in third country states’—Hungary

Featured Restructuring & Insolvency content

What do insolvency searches at The Gazette reveal?

What do insolvency searches at The Gazette reveal?What is The Gazette?The Gazette provides a permanent official public record of important statutory...

Scotland: the Accountant in Bankruptcy

Scotland: the Accountant in BankruptcyThe office of the Accountant in Bankruptcy (AiB) was created by section 156 of the Bankruptcy (Scotland) Act...

Insolvency searches for companies at the Central Registry

Insolvency searches for companies at the Central RegistryWhat is the Central Registry of Winding-up Petitions?The Central Registry of Winding-up...

Joint office-holder appointments

Joint office-holder appointmentsAll insolvency processes allow for the joint appointment of office-holders if required. Whether it is appropriate or...

Practice notes

Roles, powers and duties of an administrative receiver

Roles, powers and duties of an administrative receiverWhat is an administrative receiver?The Insolvency Act 1986 (IA 1986) sets out what an...

Produced in partnership with John Hughes of Shakespeare Martineau LLP 19th May

Practice notes

Court-appointed receivers—when a court will appoint a receiver and who may be appointed

Court-appointed receivers—when a court will appoint a receiver and who may be appointedThis Practice Note covers receivers who are appointed by the...

Produced in partnership with John Hughes of Shakespeare Martineau LLP 19th May

Practice notes

Practice Direction on Insolvency Proceedings

Practice Direction on Insolvency ProceedingsCoronavirus (COVID-19)This content contains guidance on subjects impacted by the Coronavirus Act 2020 and...

19th May

Practice notes

Effect on proceedings against a company being wound up and after a winding-up order is made

Effect on proceedings against a company being wound up and after a winding-up order is madeCoronavirus (COVID-19)This content contains guidance on...

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 proceedings

Coronavirus (COVID-19)—Changes to the court process in insolvency proceedingsThe UK Government’s policy of social distancing in order to slow the...

19th May

COVID-19

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, can a director be held personally liable?

Can a claim be made against a company for trading whilst insolvent? If the company is conducting litigation, does this constitute ‘trading’? If so,...

19th May

Practice notes

Annulment of bankruptcy orders

Annulment of bankruptcy ordersThis Practice Note looks at the annulment of bankruptcy orders under section 282 of the Insolvency Act 1986 (IA 1986)...

19th May

Practice notes

Bankruptcy petitions—process and procedure

Bankruptcy petitions—process and procedureBefore the hearing of the creditors’ bankruptcy petition takes place, there are a number of steps that must...

19th May

Practice notes

Wrongful trading claims under sections 214 and 246ZB of the Insolvency Act 1986

Wrongful trading claims under sections 214 and 246ZB of the Insolvency Act 1986What is wrongful trading?Wrongful trading is a claim which arises under...

19th May

In-house

Practice notes

Compulsory winding up of a company—the process and procedure

Compulsory winding up of a company—the process and procedureSTOP PRESS: The Corporate Insolvency and Governance Act 2020 contains provisions which, on...

Produced in partnership with Eleanor Holland and Karl Anderson of 4 Stone Buildings 19th May

Practice notes

Transactions defrauding creditors—claims under section 423 of the Insolvency Act 1986

Transactions defrauding creditors—claims under section 423 of the Insolvency Act 1986It is possible for a claim to be brought under section 423 of the...

19th May

In-house

Practice notes

The CVA proposal and procedure—the position under the Insolvency (England and Wales) Rules 2016

The CVA proposal and procedure—the position under the Insolvency (England and Wales) Rules 2016The company voluntary arrangement (CVA) proposal will...

Produced in partnership with KPMG and Lexa Hilliard QC of Wilberforce Chambers 19th May

Practice notes

Insolvency set-off—the position under the Insolvency (England and Wales) Rules 2016

Insolvency set-off—the position under the Insolvency (England and Wales) Rules 2016IntroductionSet-off refers to claims that may be set-off against...

Produced in partnership with South Square Chambers and BDO 19th May

In-house

Practice notes

What is a statutory demand?

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...

19th May

Practice notes

Covenant waivers and resets

Covenant waivers and resetsOne of the initial signs of distress is usually a covenant breach by the company. The lenders may agree to a simple waiver,...

19th May

Practice notes

Basic introduction to super senior, senior, mezzanine and junior debt

Basic introduction to super senior, senior, mezzanine and junior debtThe range of funding options open to companies has exploded, resulting in a vast...

19th May

Most recent Key R&I law developments content

Practice notes

Operation of employment tribunals during the coronavirus (COVID-19) pandemic

Operation of employment tribunals during the coronavirus (COVID-19) pandemicThe coronavirus (COVID-19) pandemic has seriously disrupted the...

26th Jul

COVID-19

Practice notes

2021: Key Restructuring & Insolvency cases

2021: Key Restructuring & Insolvency casesName of parties and citation(s)Judgment dateSubjectAnalysisGoknur Gida Maddeleri Enerji Imalat Ithalat...

26th Jul

Practice notes

Brexit timeline

Brexit timelineOn 23 June 2016, the UK held a referendum on its membership of the EU, with a majority voting in favour of the UK leaving the EU. On 29...

26th Jul

Sustainable Business Toolkit

Brexit

Practice notes

Coronavirus (COVID-19)—implications for property

Coronavirus (COVID-19)—implications for propertyThis Practice Note introduces the key implications that property practitioners should consider in...

26th Jul

COVID-19

In-house

Practice notes

Remote hearings in civil proceedings via video-conferencing and telephone

Remote hearings in civil proceedings via video-conferencing and telephoneThis Practice Note gives guidance on remote hearings, via video-conference...

26th Jul

COVID-19

Practice notes

Witness evidence—giving evidence at trial

Witness evidence—giving evidence at trialThis Practice Note sets out how to give evidence at trial under Part 32 of the CPR. It considers when a...

26th Jul

COVID-19

Practice notes

Brexit—implications for data protection

Brexit—implications for data protectionThis Practice Note discusses the impact of Brexit on the general processing of personal data under the General...

25th Jul

Brexit

In-house

Q&As

What is the impact of Brexit on international transfers of personal data?

What is the impact of Brexit on international transfers of personal data?This Q&A looks at the impact of Brexit on cross-border transfers of personal...

25th Jul

Brexit

Q&As

What considerations should practitioners be taking into account when deciding whether or not the provisions on ipso facto clauses introduced by the Corporate Insolvency and Governance Act 2020 apply to IP licences? Would the considerations be different as between (a) a pure IP licence, and (b) a commercial agreement containing an element of IP licensing (eg a franchise agreement or a sponsorship agreement)?

What considerations should practitioners be taking into account when deciding whether or not the provisions on ipso facto clauses introduced by the...

Produced in partnership with Caroline Clark 25th Jul

COVID-19

Precedents

COVID-19 Standard Conditions for Company Voluntary Arrangements

COVID-19 Standard Conditions for Company Voluntary ArrangementsPart 1: Interpretation1Miscellaneous definitions1.1In the Arrangement, except where the...

23rd Jul

COVID-19

Precedents

R3 Standard Form COVID-19 CVA Proposal

R3 Standard Form COVID-19 CVA ProposalIN THE MATTER OF [INSERT COMPANY NAME] (‘THE COMPANY’)IN THE MATTER OF THE INSOLVENCY ACT...

23rd Jul

COVID-19

Precedents

Proposals for voluntary arrangement of a partnership (For use from IP completion day)

Proposals for voluntary arrangement of a partnership (For use from IP completion day)Court Reference Number. [number].[IN THE HIGH COURT OF...

23rd Jul

Precedents

Consent protocol (administration)

Consent protocol (administration)UNDER PARAGRAPH 64 OF SCHEDULE B1 TO THE INSOLVENCY ACT 1986Pursuant to paragraph 64 of Schedule B1 to the Insolvency...

Produced in partnership with Mark Phillips QC, Stephen Robins and William Willson of South Square 23rd Jul

COVID-19

Practice notes

Brexit post implementation period—considerations for dispute resolution practitioners

Brexit post implementation period—considerations for dispute resolution practitionersThis Practice Note addresses the implications of the UK leaving...

23rd Jul

Brexit

Practice notes

2022: Key dates for restructuring and insolvency professionals

2022: Key dates for restructuring and insolvency professionalsMarch 2022DateEvent25 March 2022Coronavirus (COVID-19) protections in place to protect...

23rd Jul

Practice notes

Brexit legislation tracker

Brexit legislation trackerThis Practice Note tracks the progress of UK legislation introduced as part of the legislative project associated with the...

23rd Jul

Brexit

Practice notes

No deal Brexit—service of documents [Archived]

No deal Brexit—service of documents [Archived]ARCHIVED: This Practice Note covers the situation where the UK and the EU do not reach an agreement for...

22nd Jul

Brexit

Practice notes

Brexit implementation period—considerations for dispute resolution practitioners [Archived]

Brexit implementation period—considerations for dispute resolution practitioners [Archived]ARCHIVED: This Practice Note has been archived and is not...

22nd Jul

Brexit

Practice notes

Brexit implementation period—service of documents [Archived]

Brexit implementation period—service of documents [Archived]ARCHIVED: This Practice Note has been archived and is not maintained.This Practice Note...

22nd Jul

Brexit

Q&As