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Latest Restructuring & Insolvency News

What is the latest news on France’s restructuring and insolvency law reforms?

What is the latest news on France’s restructuring and insolvency law reforms?

The following Restructuring & Insolvency news provides comprehensive and up to date legal information on What is the latest news on France’s restructuring and insolvency law reforms?

Recognition of an administration in the Abu Dhabi Global Market under the Cross Border Insolvency Regulations 2006 (Re NMC Healthcare Ltd (in administration) [2021] EWHC 1806 (Ch))

Recognition of an administration in the Abu Dhabi Global Market under the Cross Border Insolvency Regulations 2006 (Re NMC Healthcare Ltd (in administration) [2021] EWHC 1806 (Ch))

Recognition of an administration in the Abu Dhabi Global Market under the Cross Border Insolvency Regulations 2006 (Re NMC Healthcare Ltd (in administration) [2021] EWHC 1806 (Ch))

Jurisdiction under Article 6(1) of the Recast Insolvency Regulation (Emerald v Cassini)

Jurisdiction under Article 6(1) of the Recast Insolvency Regulation (Emerald v Cassini)

The following Dispute Resolution news provides comprehensive and up to date legal information on Jurisdiction under Article 6(1) of the Recast Insolvency Regulation (Emerald v Cassini)

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

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

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’—Austria

Featured Restructuring & Insolvency content

What do insolvency searches at The Gazette reveal?

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...

Debt for equity swaps

Debt for equity swaps

Debt for equity swapsA popular restructuring method is a debt for equity swap; financial creditors receive equity in the restructured vehicle in...

Insolvency searches for companies at the Central Registry

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...

US bankruptcy financing—debtor-in-possession (DIP) financing

US bankruptcy financing—debtor-in-possession (DIP) financing

US bankruptcy financing—debtor-in-possession (DIP) financingDIP financing generallyDebtor-in-possession financing (DIP financing) is new,...

Practice notes

Role, powers, functions and duties of a trustee in bankruptcy

Role, powers, functions and duties of a trustee in bankruptcyThis Practice Note looks at the roles, powers, functions and duties of the trustee in...
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19th May
Practice notes

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...
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19th May
Practice notes

Statements of Insolvency Practice (SIPs)—a quick guide

Statements of Insolvency Practice (SIPs)—a quick guideWhat are Statements of Insolvency Practice?Insolvency practitioners (IPs) are required to comply...
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19th May
Practice notes

Marshalling debt

Marshalling debtWhat is marshalling?Marshalling is where two or more creditors are owed money by the same debtor, and one creditor has more than one...
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Produced in partnership with Karen Jacobs of Dentons 19th May
Practice notes

Statement of Insolvency Practice 16 (SIP 16)—pre-packaged sales in administration

Statement of Insolvency Practice 16 (SIP 16)—pre-packaged sales in administrationInsolvency practitioners (IPs) are required to comply with both...
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19th May
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...
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Produced in partnership with John Hughes of Shakespeare Martineau LLP 19th May
Practice notes

The deemed consent procedure, decision-making procedure, and meetings—the position under the Insolvency (England and Wales) Rules 2016

The deemed consent procedure, decision-making procedure, and meetings—the position under the Insolvency (England and Wales) Rules 2016The Insolvency...
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Produced in partnership with Richard Bowles 19th May
Practice notes

Secured creditors under a CVA—including effect on guarantees

Secured creditors under a CVA—including effect on guaranteesNeither the company nor its creditors may approve a company voluntary arrangement (CVA)...
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Produced in partnership with Lexa Hilliard QC of Wilberforce Chambers 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...
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Produced in partnership with John Hughes of Shakespeare Martineau LLP 19th May
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,...
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19th May
Practice notes

Equitable charges v legal charges—impact on saleability

Equitable charges v legal charges—impact on saleabilityThis Practice Note considers the position of a security holder who has an equitable mortgage or...
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Produced in partnership with Jonathan Titmuss of Hardwicke 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...
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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...
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19th May
tag iconIn-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...
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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...
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19th May
tag iconIn-house
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,...
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19th May

Most recent The office-holder content

Practice notes

Challenging the approval of a CVA—unfair prejudice, material irregularity: the position under The Insolvency (England and Wales) Rules 2016

Challenging the approval of a CVA—unfair prejudice, material irregularity: the position under The Insolvency (England and Wales) Rules 2016Coronavirus...
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Produced in partnership with Lexa Hilliard QC of Wilberforce Chambers 28th Jul
Practice notes

Role, powers, functions and duties of nominee or supervisor of a scheme of arrangement

Role, powers, functions and duties of nominee or supervisor of a scheme of arrangementAdministration of the schemeThe scheme document will need to...
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Produced in partnership with Chris Mallon of Skadden 28th Jul
Practice notes

Evidence gathering—the preservation of information by an insolvency office-holder

Evidence gathering—the preservation of information by an insolvency office-holderThe duty of insolvency office-holders to preserve information, and...
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Produced in partnership with Robert Hantusch of Three Stone 28th Jul
Practice notes

Statements of Insolvency Practice (SIPs)—a quick guide

Statements of Insolvency Practice (SIPs)—a quick guideWhat are Statements of Insolvency Practice?Insolvency practitioners (IPs) are required to comply...
Read More >
28th Jul
Practice notes

Block transfer orders—the law and practice

Block transfer orders—the law and practiceCoronavirus (COVID-19)This content contains guidance on subjects impacted by the Coronavirus Act 2020 and...
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Produced in partnership with Stephen Allinson, Consultant 28th Jul
Practice notes

Small Business, Enterprise and Employment Act 2015—changes to regulation of IPs [Archived]

Small Business, Enterprise and Employment Act 2015—changes to regulation of IPs [Archived]This Practice Note has been archived and is not...
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28th Jul
Practice notes

Role, powers, functions and duties of the supervisor of a company voluntary arrangement

Role, powers, functions and duties of the supervisor of a company voluntary arrangementWho is the supervisor and what is the supervisor’s role in a...
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Produced in partnership with Lexa Hilliard QC of Wilberforce Chambers 28th Jul
Practice notes

Trustee in bankruptcy—remuneration and expenses

Trustee in bankruptcy—remuneration and expensesTrustee in bankruptcy’s remunerationThe trustee in bankruptcy (trustee) will usually look to the estate...
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27th Jul
Practice notes

The Insolvency (England and Wales) Rules 2016—Part 18: Changes to reporting by and remuneration of office-holders [Archived]

The Insolvency (England and Wales) Rules 2016—Part 18: Changes to reporting by and remuneration of office-holders [Archived]ARCHIVED: This Practice...
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Produced in partnership with Peter Shaw, QC of 9 Stone Buildings 27th Jul
Practice notes

The conflict administrator

The conflict administratorDefinitionThe term 'conflict administrator' in this Practice Note applies to an insolvency practitioner (IP) appointed as...
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Produced in partnership with Stephen Taylor of Isonomy Limited 27th Jul
Practice notes

Role, powers, functions and duties of an LPA or fixed charge receiver

Role, powers, functions and duties of an LPA or fixed charge receiverPowers—generalThe statutory powers conferred on an LPA/fixed charge receiver are...
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Produced in partnership with John Hughes of Shakespeare Martineau LLP 27th Jul
Practice notes

Insolvency Services Account

Insolvency Services AccountThe official receiver (OR) deals with the administration and investigation of all bankruptcies and compulsory liquidations,...
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Produced in partnership with Christopher Buckley of Radcliffe Chambers 27th Jul
Practice notes

Role, powers, functions and duties of a court-appointed receiver

Role, powers, functions and duties of a court-appointed receiverThis Practice Note covers the roles, powers, duties and liabilities of court-appointed...
Read More >
Produced in partnership with John Hughes of Shakespeare Martineau LLP 27th Jul
Practice notes

Small Business, Enterprise and Employment Act 2015—trustees in bankruptcy [Archived]

Small Business, Enterprise and Employment Act 2015—trustees in bankruptcy [Archived]This Practice Note has been archived and is not maintained.The...
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27th Jul
Practice notes

The Deregulation Act 2015 [Archived]

The Deregulation Act 2015 [Archived]This Practice Note has been archived and is not maintained.Note that on 6 April 2017 the Insolvency (England and...
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27th Jul
Practice notes

Removal of voluntary liquidator by creditors' decision procedure—the position under the Insolvency (England and Wales) Rules 2016

Removal of voluntary liquidator by creditors' decision procedure—the position under the Insolvency (England and Wales) Rules 2016A voluntary...
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Produced in partnership with Robert Smailes of Leonard Curtis Business Solutions Group and Simon Hunter of ThreeStone 27th Jul
Practice notes

Statement of Insolvency Practice 16 (SIP 16)—pre-packaged sales in administration

Statement of Insolvency Practice 16 (SIP 16)—pre-packaged sales in administrationInsolvency practitioners (IPs) are required to comply with both...
Read More >
27th Jul
Practice notes

Office-holder remuneration

Office-holder remunerationRemunerationThe Insolvency Act 1986 (IA 1986) and the Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024...
Read More >
27th Jul
Practice notes

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...
Read More >
27th Jul
Practice notes

Role, powers, functions and duties of a liquidator

Role, powers, functions and duties of a liquidatorThe role and function of a liquidatorA liquidator is the officer appointed when a company goes into...
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27th Jul

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Robbery

Robbery

RobberyRobberyRobbery is a theft offence, involving dishonesty but elevated also by the intention to use force.Robbery can only be tried in the Crown Court on indictment and is categorised as a class 3 offence.Elements of the offence of robberyA person is guilty of robbery if:•they steal something,

Easements and perpetuities

Easements and perpetuities

Drafting—2009 ActThe Perpetuities and Accumulations Act 2009 effectively disapplies the rule against perpetuities from future easements granted on or after 6 April 2010, so a draftsman now need not be concerned to specify a perpetuity period. Any restrictions on the exercise of the easement

PRA Rulebook—introduction for the insurance and reinsurance sector

PRA Rulebook—introduction for the insurance and reinsurance sector

PRA Rulebook—introduction for the insurance and reinsurance sectorOn 29 August 2015, the Prudential Regulation Authority (PRA) published the PRA Rulebook (Rulebook). The transition from the Handbook to the Rulebook was intended to benefit PRA-authorised firms, to access clearer and more concise

Contract interpretation—express terms in contracts

Contract interpretation—express terms in contracts

Contract interpretation—express terms in contractsExpress and implied contractual terms distinguishedContractual terms may be either express or implied:•express terms—are terms which are actually recorded in a written contract or openly expressed in an oral contract at the time the contract is made