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Latest Restructuring & Insolvency News

Restructuring & Insolvency weekly highlights—23 September 2021

Restructuring & Insolvency weekly highlights—23 September 2021

The following Restructuring & Insolvency news provides comprehensive and up to date legal information on Restructuring & Insolvency weekly highlights—23 September 2021

Deloitte partners escape £19m claim over Barclays swaps

Deloitte partners escape £19m claim over Barclays swaps

The following Banking & Finance news provides comprehensive and up to date legal information on Deloitte partners escape £19m claim over Barclays swaps

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

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

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’—Slovenia

Russian bank's £1.3bn fraud trial delayed over bankruptcy

Russian bank's £1.3bn fraud trial delayed over bankruptcy

The following Dispute Resolution news provides comprehensive and up to date legal information on Russian bank's £1.3bn fraud trial delayed over bankruptcy

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 R&I in Scotland content

Practice notes

Coronavirus (COVID-19) implications for dispute resolution in Scotland

Coronavirus (COVID-19) implications for dispute resolution in ScotlandThis Practice Note provides guidance on how the Scottish civil courts are...
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22nd Sep
tag iconScottish Law tag iconCOVID-19
Practice notes

The Insolvency (Scotland) (Company Voluntary Arrangement and Administration) Rules 2018 and The Insolvency (Scotland) (Receivership and Winding Up) Rules 2018—time periods

The Insolvency (Scotland) (Company Voluntary Arrangement and Administration) Rules 2018 and The Insolvency (Scotland) (Receivership and Winding Up)...
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Produced in partnership with David Menzies and Steve Wood of ICAS 22nd Sep
tag iconScottish Law
Practice notes

Virtual execution under Scots law

Virtual execution under Scots lawIP COMPLETION DAY: The Brexit transition period ended at 11pm on 31 December 2020. At this time (referred to in UK...
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Produced in partnership with David Blair, Solicitor at Anderson Strathern 17th Sep
tag iconScottish Law
Practice notes

Money attachment in Scottish civil litigation

Money attachment in Scottish civil litigationThis Practice Note considers the position in Scotland. For guidance on:•other forms of diligence in...
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Produced in partnership with Julie Hamilton of MacRoberts LLP 13th Sep
tag iconScottish Law
Practice notes

Adjudication for debt in Scottish civil litigation

Adjudication for debt in Scottish civil litigationThis Practice Note considers the current position on adjudication for debt in Scottish civil...
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Produced in partnership with Julie Hamilton of MacRoberts LLP 13th Sep
tag iconScottish Law
Practice notes

Inhibition in Scottish civil litigation

Inhibition in Scottish civil litigationThis Practice Note considers the position in Scotland. For guidance on:•other forms of diligence in Scottish...
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Produced in partnership with Julie Hamilton of MacRoberts LLP 13th Sep
tag iconScottish Law
Practice notes

Attachment in Scottish civil litigation

Attachment in Scottish civil litigationThis Practice Note considers the position in Scotland. For guidance on:•other forms of diligence in Scottish...
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Produced in partnership with Julie Hamilton of MacRoberts LLP 13th Sep
tag iconScottish Law
Practice notes

Coronavirus (COVID-19)—Scotland tracker

Coronavirus (COVID-19)—Scotland trackerThis table below contains an archive of news analysis on Scotland and Scots law developments of general...
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10th Sep
tag iconScottish Law tag iconCOVID-19
Practice notes

Floating charges—differences between Scots and English law

Floating charges—differences between Scots and English lawSTOP PRESS—Coronavirus (COVID-19) and registration of charges at Companies House: The...
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9th Sep
tag iconScottish Law
Practice notes

Execution of documents under Scots law

Execution of documents under Scots lawSTOP PRESS: Registers of Scotland are operating a digital submissions service, details of which are available...
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Produced in partnership with David Blair, Solicitor at Anderson Strathern 3rd Sep
tag iconScottish Law
Precedents

R3 Standard Form COVID-19 CVA Proposal (SCOTLAND)

R3 Standard Form COVID-19 CVA Proposal (SCOTLAND)IN THE MATTER OF [INSERT COMPANY NAME] (‘THE COMPANY’)IN THE MATTER OF THE INSOLVENCY ACT...
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26th Aug
tag iconScottish Law tag iconCOVID-19
Practice notes

Premier Oil plc deal debrief

Premier Oil plc deal debriefBackgroundPremier Oil plc (now Harbour Energy plc) (‘Premier’) is incorporated in Scotland and listed on the London Stock...
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24th Aug
Practice notes

Diligence against earnings in Scottish civil litigation

Diligence against earnings in Scottish civil litigationThis Practice Note considers the position in Scotland. For guidance on:•the equivalent in...
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Produced in partnership with Lynsay Cargill of MacRoberts LLP 18th Aug
tag iconScottish Law
Practice notes

Recovering rent, arrears and rates considerations in Scotland

Recovering rent, arrears and rates considerations in ScotlandCoronavirus (COVID-19): During the current pandemic, legislation, guidance and changes to...
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Produced in partnership with Gavin Deeprose of DLA Piper and Alistair Drummond of DLA Piper 18th Aug
tag iconScottish Law
Practice notes

Scotland: set-off in the context of insolvency

Scotland: set-off in the context of insolvencyIntroductionIn practice, the phrase ‘set off’ in Scotland is generally used as a generic term covering...
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Produced in partnership with Alan Sinclair of Addleshaw Goddard LLP 18th Aug
Practice notes

The Insolvency (Scotland) (Company Voluntary Arrangement and Administration) Rules 2018 and The Insolvency (Scotland) (Receivership and Winding Up) Rules 2018—reporting by and remuneration of office-holders

The Insolvency (Scotland) (Company Voluntary Arrangement and Administration) Rules 2018 and The Insolvency (Scotland) (Receivership and Winding Up)...
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Produced in partnership with Eileen Margaret Maclean of Insolvency Support Services 18th Aug
tag iconScottish Law
Practice notes

The Insolvency (Scotland) (Receivership and Winding Up) Rules 2018—compulsory liquidation

The Insolvency (Scotland) (Receivership and Winding Up) Rules 2018—compulsory liquidationThe Insolvency (Scotland) (Company Voluntary Arrangement and...
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Produced in partnership with Tim Cooper and Matthew Finnie of Addleshaw Goddard LLP 18th Aug
tag iconScottish Law
Practice notes

Scotland: compulsory liquidation

Scotland: compulsory liquidationFor the impact of Brexit on Scottish procedures, see Practice Note: Table showing impact of Brexit on jurisdiction to...
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Produced in partnership with Kirsten Fleming of Addleshaw Goddard LLP 18th Aug
tag iconScottish Law
Practice notes

Scotland: process to enter creditors’ voluntary liquidation (CVL)

Scotland: process to enter creditors’ voluntary liquidation (CVL)This Practice Note is concerned with the commencement of creditors’ voluntary...
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Produced in partnership with Tim Cooper of Addleshaw Goddard 18th Aug
tag iconScottish Law
Practice notes

Scotland: guide to the appointment of a provisional liquidator

Scotland: guide to the appointment of a provisional liquidatorFor the impact of Brexit on Scottish procedures, see Practice Note: Table showing impact...
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Produced in partnership with Tim Cooper of Addleshaw Goddard 18th Aug
tag iconScottish Law

Popular documents

Multilateral Trading Facilities (MTFs)

Multilateral Trading Facilities (MTFs)

Multilateral Trading Facilities (MTFs)BREXIT: 11pm (GMT) on 31 December 2020 (‘IP completion day’) marked the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. Following IP completion day, key transitional arrangements come to an end and

What is a public authority?

What is a public authority?

What is a public authority?There is no single, universal answer to the question whether a particular organisation is treated, in law, as a public authority.Rather, on one hand the courts have developed case law on which bodies are subject to administrative law through the judicial review procedure;

Deed of surrender

Deed of surrender

DateD [date]Parties1[name of Landlord] [of OR incorporated in England and Wales with company registration number [number] whose registered office is at] [address] (Landlord)2[name of Tenant] [of OR incorporated in England and Wales with company registration number [number] whose registered office

Negligence—when is the duty of care breached?

Negligence—when is the duty of care breached?

Negligence—when is the duty of care breached?Having established that a duty of care exists (see Practice Note: Negligence—when does a duty of care arise?), it is then necessary to consider whether or not there has been a breach of that duty. This will depend on a number of factors outlined below and