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Property insolvency

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Latest Restructuring & Insolvency News

End of insolvency temporary provisions—introduction of new temporary provisions

End of insolvency temporary provisions—introduction of new temporary provisions

The following Banking & Finance news provides comprehensive and up to date legal information on End of insolvency temporary provisions—introduction of new temporary provisions

Restructuring & Insolvency weekly highlights—16 September 2021

Restructuring & Insolvency weekly highlights—16 September 2021

The following Restructuring & Insolvency news provides comprehensive and up to date legal information on Restructuring & Insolvency weekly highlights—16 September 2021

Managing Franchisee Debt—update on new insolvency laws and tips for minimising franchisor financial exposure

Managing Franchisee Debt—update on new insolvency laws and tips for minimising franchisor financial exposure

The following Commercial news provides comprehensive and up to date legal information on Managing Franchisee Debt—update on new insolvency laws and tips for minimising franchisor financial exposure

UK parking nightmare—what is happening with NCP’s restructuring plan?

UK parking nightmare—what is happening with NCP’s restructuring plan?

The following Property Disputes news provides comprehensive and up to date legal information on UK parking nightmare—what is happening with NCP’s restructuring plan?

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...

The pari passu principle and collection remedies for the office-holder—the position under the Insolvency (England and Wales) Rules 2016

The pari passu principle and collection remedies for the office-holder—the position under the Insolvency (England and Wales) Rules 2016

The pari passu principle and collection remedies for the office-holder—the position under the Insolvency (England and Wales) Rules 2016The primary...

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...

The Loan Market Association

The Loan Market Association

The Loan Market AssociationAims of the Loan Market AssociationThe Loan Market Association (LMA) was established in 1996 as a trade body with a key...

Practice notes

Interference with goods in an insolvency situation

Interference with goods in an insolvency situationApplication to insolvencyFollowing an appointment, an office-holder will need to establish what...
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19th May
Practice notes

Role, powers, functions and duties of a liquidator

Role, powers, functions and duties of a liquidatorCoronavirus (COVID-19)This content is affected by the coronavirus (COVID-19) pandemic. For further...
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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
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...
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19th May
Q&As

The wording of paragraph 83 of Schedule B1 to the Insolvency Act 1986 suggests that an administrator only needs to think that the total amount which each creditor is likely to receive has been set aside, not that the secured creditor(s) have been or will be paid in full. Where an administrator is pursuing office-holder claims—such that any recoveries will not be caught by any security—can the administrator convert the administration to a creditors’ voluntary liquidation where secured creditors will not be paid in full or at all? The consent of secured and other creditors to extend the administration has not been forthcoming.

The wording of paragraph 83 of Schedule B1 to the Insolvency Act 1986 suggests that an administrator only needs to think that the total amount which...
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Produced in partnership with Caroline Clark 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...
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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...
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19th May
tag iconCOVID-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,...
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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)...
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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

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

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

A guide to independent business reviews

A guide to independent business reviewsThis Practice Note looks at independent business reviews (IBRs) and aims to:•provide high level guidance around...
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Produced in partnership with Allan Kelly of RSM 19th May

Most recent Property insolvency content

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...
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16th Sep
tag iconCOVID-19 tag iconIn-house
Practice notes

Quick guide to landlord’s coronavirus (COVID-19) remedies

Quick guide to landlord’s coronavirus (COVID-19) remediesThis Practice Note sets out the potential options and remedies which may be available to a...
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16th Sep
tag iconCOVID-19
Practice notes

R&I spotlight on environmental law

R&I spotlight on environmental lawWhat are the main laws and regulations governing this area?There are three main sources of environmental law that an...
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Produced in partnership with Emma Sadler of Addleshaw Goddard 15th Sep
Q&As

An LPA receiver is offering a property for sale in an auction. The LPA receiver has received an offer 30% above the guide price. Is the LPA receiver required to accept the offer pre-auction?

An LPA receiver is offering a property for sale in an auction. The LPA receiver has received an offer 30% above the guide price. Is the LPA receiver...
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13th Sep
Practice notes

Enforcement—security over land

Enforcement—security over landSecurity over land can be taken by way of mortgage or charge with the appropriate form often depending on the...
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9th Sep
Practice notes

Accepting a surrender from an insolvent tenant

Accepting a surrender from an insolvent tenantAccepting a surrender can be the quickest way for a landlord to regain possession of the premises from...
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9th Sep
Practice notes

Property law aspects of Company Voluntary Arrangements (CVAs)

Property law aspects of Company Voluntary Arrangements (CVAs)What is a CVA?A company voluntary arrangement (CVA) is an insolvency process that allows...
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Produced in partnership with Matthew Ditchburn and Tim Reid of Hogan Lovells International LLP 8th Sep
Q&As

In a situation where a deposit is being held by a third party stakeholder and no security has been given, what impact does the insolvency of either the buyer or seller have on the rights of either party to that money? Will the issue be determined solely by the terms of the underlying contract?

In a situation where a deposit is being held by a third party stakeholder and no security has been given, what impact does the insolvency of either...
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7th Sep
Practice notes

Brexit—impact on environmental law

Brexit—impact on environmental lawAs a result of the 23 June 2016 UK referendum on membership of the EU, which voted with a 52% majority voting in...
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25th Aug
tag iconSustainable Business Toolkit tag iconBrexit
Practice notes

Unwinding unlawful transactions in bankruptcy

Unwinding unlawful transactions in bankruptcyGeneral duties of the trustee in bankruptcyThe main function and duty of a trustee in bankruptcy...
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24th Aug
Practice notes

Factors which can give rise to the court not making an order for possession and sale of the family home—and the test it will apply

Factors which can give rise to the court not making an order for possession and sale of the family home—and the test it will applyThis Practice Note...
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24th Aug
Practice notes

CVAs—landlord issues and remedies

CVAs—landlord issues and remediesWhat is a CVA?A company voluntary arrangement (CVA) is an arrangement between a company and its creditors, supervised...
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24th Aug
Practice notes

What assets vest in the trustee in bankruptcy and what steps does the official receiver or trustee in bankruptcy need to take?

What assets vest in the trustee in bankruptcy and what steps does the official receiver or trustee in bankruptcy need to take?Definition of property...
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24th Aug
Practice notes

Recovering rent arrears

Recovering rent arrearsCoronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and...
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24th Aug
tag iconCOVID-19 tag iconIn-house
Practice notes

Taxation in corporate insolvency—the principal issues in outline

Taxation in corporate insolvency—the principal issues in outlineTaxation and insolvencyThere are relatively few specific rules governing the UK...
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Produced in partnership with David L. Irvine of Goodwin, Nathan Langford of Kirkland & Ellis International LLP and Philip Ridgway of Temple Tax Chambers 22nd Aug
Q&As

Where a company in liquidation owns both the freehold and a sublease of a property, can the liquidator disclaim the sublease without disclaiming the freehold?

Where a company in liquidation owns both the freehold and a sublease of a property, can the liquidator disclaim the sublease without disclaiming the...
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18th Aug
Q&As

Where a tenant of a commercial lease has gone into administration and vacated a property prior to the contractual end date, there has been no surrender nor forfeiture, and the property has stayed empty, is the landlord entitled to claim the ongoing rent as an unsecured creditor by way of a provable debt in the administration, and what role does the Insolvency Rules 2016, SI 2016/1024, r 14.22 play in this situation?

Where a tenant of a commercial lease has gone into administration and vacated a property prior to the contractual end date, there has been no...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 18th Aug
Q&As

Is interest payable on arrears of rent for a period after the appointment of an administrator to a tenant, or does the moratorium prevent interest from accruing?

Is interest payable on arrears of rent for a period after the appointment of an administrator to a tenant, or does the moratorium prevent interest...
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18th Aug
Q&As

How does a debt relief order (DRO) affect a landlord's rights? Can the landlord forfeit a lease? Is the debtor required to pay rent or other periodical payments during DRO? Can a landlord sue for unpaid sums due to it after the DRO is made?

How does a debt relief order (DRO) affect a landlord's rights? Can the landlord forfeit a lease? Is the debtor required to pay rent or other...
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Produced in partnership with Hannah Drozdz of Gateley 18th Aug
Q&As

If a landlord, unaware of an interim moratorium pursuant to a notice of intention to appoint administrators, seeks to forfeit by peaceable re-entry in breach of the interim moratorium (and take possession of goods), is that attempt to forfeit void? Are the administrators obliged to go to court, or can they simply claim that the forfeiture (or attempt to forfeit) is void?

If a landlord, unaware of an interim moratorium pursuant to a notice of intention to appoint administrators, seeks to forfeit by peaceable re-entry in...
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Produced in partnership with Helen Kavanagh 18th Aug

Popular documents

Standard Commercial Property Conditions (Third Edition—2018 Revision)

Standard Commercial Property Conditions (Third Edition—2018 Revision)

The third edition of the Standard Commercial Property Conditions was published on 27 April 2017 a

Parliamentary committees

Parliamentary committees

Parliamentary committeesIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to

Common law offence of false imprisonment

Common law offence of false imprisonment

Common law offence of false imprisonmentThe offence of false imprisonmentFalse imprisonment is a common law offence but it is more common as a civil action in tort (see Practice Note: False imprisonment).It is triable only on indictment. It may be classified in class 2A, 2B or 3 in accordance with

Qualified one-way costs shifting (QOCS)

Qualified one-way costs shifting (QOCS)

Qualified one-way costs shifting (QOCS)What is QOCS?Qualified one-way costs shifting (QOCS) was introduced on 1 April 2013 as part of the Jackson costs reforms following the removal of a claimant’s right to recover additional liabilities from the defendant, ie success fees and after the event (ATE)