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Practice notes
What is a pre-pack administration sale?Stop pressOn 8 October 2020, the Insolvency Service published the outcome of its review conducted into the...
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19th May
Practice notes
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
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
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
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 proceedingsThe UK Government’s policy of social distancing in order to slow the...
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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,...
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19th May
Practice notes
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
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
Practice notes
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
Prohibited names under section 216 of the Insolvency Act 1986The purpose of section 216 of the Insolvency Act 1986Section 216 of the Insolvency Act...
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19th May
Precedents
Court Reference No: [INSERT COURT REF. NUMBER][IN THE HIGH COURT OF JUSTICEBUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [INSERT...
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19th May
Practice notes
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
Practice notes
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
Practice notes
Basic introduction to super senior, senior, mezzanine and junior debtThe range of funding options open to companies has exploded, resulting in a vast...
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19th May

Most recent Initial analysis content

Q&As
What is the effect of enforcing a share charge over partly paid shares?The nature of partly paid sharesSection 581 of Companies Act 2006, sets out the...
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1st Aug
Q&As
What is the ‘London Approach’ in a restructuring context?The London Approach was originally designed by the Bank of England in the 1970s, and was...
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31st Jul
Q&As
Is it possible to have multiple first fixed charges over shares held by a company (for example a holding company) in another company (one of its...
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Produced in partnership with Brian Cain 31st Jul
Q&As
How does a lender with share security appropriate those shares?This Q&A describes the remedy of appropriation conferred upon a security holder of...
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Produced in partnership with Brian Cain 31st Jul
Q&As
Are there any circumstances in which a floating charge could satisfy the control or possession requirement for the purposes of the Financial...
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31st Jul
Practice notes
Conflicts in restructuring and insolvencyIn any insolvency situation, there are a number of parties involved that require legal advice and, in certain...
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31st Jul
Practice notes
Identifying bondholders and effective communicationCompanies, governments and municipalities issue bonds to finance their operations and fund...
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Produced in partnership with Katerina Papamichael of D F King (Europe) Limited 31st Jul
Practice notes
Cashflow and balance sheet tests for insolvencyIntroductionThis Practice Note will give a basic overview of the applicable tests for cashflow and...
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Produced in partnership with South Square Chambers 31st Jul
Practice notes
Types of valuation for R&I lawyersFinding where value breaks governs the shape of any restructuring deal and determines who has a seat at the...
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31st Jul
Practice notes
Bonds and notesThe terms ‘bonds’ and ‘notes’ are used interchangeably (and there is no legal difference between the terms), though notes tend to be...
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31st Jul
Practice notes
Loan to value covenantsThis Practice Note looks at:•the key features of loan to value (LTV) covenants•possible issues with calling an event of default...
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Produced in partnership with Alexander Pelopidas, James Walton of Rosling King LLP 31st Jul
Practice notes
Basic introduction to super senior, senior, mezzanine and junior debtThe range of funding options open to companies has exploded, resulting in a vast...
Read More >
31st Jul
Practice notes
Where the value breaks and negotiating strengthCoronavirus (COVID-19)This content is affected by the proposed changes to UK insolvency laws as a...
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31st Jul
Practice notes
Insolvency Practitioners’ duties under the PSC regimeAs part of the government’s ongoing drive to improve corporate transparency and tackle...
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Produced in partnership with Paul Sidle of Linklaters, Richard Bussell of Linklaters and Rebecca Jarvis of Linklaters 31st Jul
Practice notes
Force majeure—consequences and contract dischargeCoronavirus (COVID-19): In addition to the below content on force majeure generally, see...
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31st Jul
Practice notes
Restructuring—initial stepsStop pressThis content is affected by the proposed changes to UK insolvency laws as a result of the coronavirus (COVID-19)...
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31st Jul
Practice notes
How to serve a demand for paymentA demand for payment is a formal demand made in accordance with the contractual requirements underpinning the...
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Produced in partnership with James Hannant of Guildhall Chambers 31st Jul

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