Property insolvency requires a nuanced understanding of real estate law and financial distress. Legal experts must adeptly handle issues related to asset recovery, creditor rights, and property management during insolvency proceedings. This topic offers practical guidance for effectively managing property-related insolvency cases.
The LexisNexis Restructuring & Insolvency practical guidance team has published a new Practice Note: ‘Public examination of officers under section 133...
The LexisNexis Restructuring & Insolvency practical guidance team has published a new Practice Note: ‘Legal professional privilege in insolvency’....
Restructuring & Insolvency analysis: Lexis+® UK have worked with INSOL Europe on a joint project to obtain updates from INSOL Europe’s membership and...
This week's edition of Restructuring & Insolvency weekly highlights includes: an analysis of HMRC’s opposition to a Part 26A restructuring plan (In Re...
Role, powers, functions and duties of a liquidatorThe role and function of a liquidatorA liquidator is the officer appointed when a company goes into...
Bonds and notesThe terms ‘bonds’ and ‘notes’ are used interchangeably (and there is no legal difference between the terms), though notes tend to be...
Bankruptcy searchesBankruptcy searches at the Land Charges DepartmentWhen a bankruptcy petition is presented by a creditor, the court shall as soon as...
Basic introduction to super senior, senior, mezzanine and junior debtThe range of funding options open to companies has exploded, resulting in a vast...
Priority between loss reliefs in loss making companiesWhy does it matter?A company that is a member of a group and has incurred any of the types of losses available for surrender by way of group relief may, without any further rules, have more than one way in which to use the loss. There are a
What is the difference between an appeal and a review?What is an appeal?An appeal in insolvency proceedings is no different to an appeal in normal litigation. An appeal will be allowed only if the appeal court is satisfied that the decision of the lower court was 'wrong' or 'unjust because of a
Contributory negligence in personal injury claimsContributory negligence is a partial defence which can lead to a discount in damages.Other defences may also be relevant. See Practice Notes: Did the claimant consent to the risk of injury? and Was the claimant involved in an illegal activity?If a
Can shares in a limited company that have not been paid-up at all be cancelled?A limited company having a share capital may not alter that share capital, except in the ways listed in section 617 of the Companies Act 2006 (CA 2006). Shares in a company cannot simply be cancelled without following an
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