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Practice notes
A popular restructuring method is a debt for equity swap; financial creditors receive equity in the restructured vehicle in return for reducing or...
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9th Nov
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
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
Coronavirus (COVID-19)This content is affected by the coronavirus (COVID-19) pandemic. For further details, take a look at our Coronavirus (COVID-19)...
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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
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
Creditors are often keen to establish proprietary claims as they create rights in rem (which attach to the property itself) rather than personal...
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9th Nov
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
It is possible for a claim to be brought under section 423 of the Insolvency Act 1986 (IA 1986) against a company or individual following a...
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9th Nov
Practice notes
IntroductionSet-off refers to claims that may be set-off against other claims. A set-off is the right of one party, Party A, who is owed money by...
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Produced in partnership with South Square and BDO LLP 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
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...
Read More >
9th Nov

Most recent Q&As content

Q&As
For the purposes of this Q&A, it is assumed that there is not some new Act or statutory instrument conferring expanded jurisdiction in respect of...
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25th Jan
Q&As
After the transition period: if no deal covering insolvencyThe Insolvency (Amendment) (EU Exit) Regulations 2019, SI 2019/146 (Brexit SI 2019/146)...
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25th Jan
Q&As
In order for a secured lender to appoint, ordinarily, an event of default has to have occurred under the terms of the loan facility and/or associated...
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Produced in partnership with Daniel Sejas of MHS Sprecher Grier 25th Jan
Q&As
Company voluntary arrangementsA company voluntary arrangement (CVA) is a statutory contract between the company and its creditors and is used by a...
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22nd Jan
Q&As
A company voluntary vrrangement (CVA) is a statutory rescue procedure under Part I of the Insolvency Act 1986 (IA 1986). CVAs are a popular mechanism...
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22nd Jan
Q&As
In administration a company enjoys certain protection from creditors by virtue of a moratorium imposed by paragraph 43 of Schedule B1 to the...
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22nd Jan
Q&As
A rent review is a process agreed by a landlord and a tenant in a rent review clause in their lease whereby a party (usually a landlord) can send a...
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Produced in partnership with Alexander Stewart of Hogarth Chambers 22nd Jan
Q&As
The appointment of an LPA is a remedy available to a mortgagee seeking to recover sums due under the mortgage granted in their favour. The LPA...
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22nd Jan
Q&As
The position on appealing proof of debts is set out in Practice Note: Creditor’s appeal against rejection of proof of debt—the position under the...
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Produced in partnership with Eleanor Stephens 13th Jan
Q&As
Territorial proceedingsBefore IP completion day, Regulation (EU) 2015/848 (OJ L141/19), Recast Regulation on Insolvency (the EU Recast Regulation on...
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13th Jan
Q&As
This Q&A considers how the English courts will assess a debtor’s centre of main interests (COMI) post-IP completion day as well as the meaning of COMI...
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13th Jan

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