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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
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
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
The Court of Appeal has made it clear in JCAM that a moratorium cannot be obtained through the back door by filing a notice of intention to appoint an...
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Produced in partnership with Lexa Hilliard QC of Wilberforce Chambers 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
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
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
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
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 Current issues and legal reforms content

Precedents
IN THE MATTER OF [INSERT COMPANY NAME] (‘THE COMPANY’)IN THE MATTER OF THE INSOLVENCY ACT...
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20th Apr
Practice notes
Spurred on by the coronavirus (COVID-19) pandemic, the government pushed through the Corporate Insolvency and Governance Act 2020 (CIGA 2020). The...
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19th 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
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 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
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
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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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
Practice notes
This Practice Note has been archived and is not maintained.This tracker is produced in partnership with INSOL Europe who have also produced a series...
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13th Apr
Practice notes
This Practice Note provides:•information on the background to the transition away from London Interbank Offered Rate (LIBOR) and other Interbank...
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9th Apr
Practice notes
Why harmonisation is neededThe divergence between Member States' laws has an impact on: •the recovery rates of creditors in different...
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9th Apr
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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8th Apr
Practice notes
An introduction to the legislationCorporate Insolvency and Governance Act 2020Expedited by the coronavirus (COVID-19) pandemic, the Corporate...
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8th Apr
Practice notes
BackgroundThe coronavirus (COVID-19) crisis has had a significant impact on businesses around the world, putting many at real risk of insolvency. Some...
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8th 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
Background to the Corporate Insolvency and Governance Act 2020 (CIGA 2020)Spurred on by the coronavirus (COVID-19) pandemic and a desire to mitigate...
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8th 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...
Read More >
8th 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...
Read More >
8th Apr
Practice notes
This tracker is designed to assist R&I practitioners keep up-to-date with forthcoming legislation which will impact their particular areas of...
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8th Apr
Practice notes
On 26 June 2020, the Corporate Insolvency and Governance Act 2020 (CIGA 2020) came into force, see News Analysis: Corporate Insolvency and Governance...
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8th Apr

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