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Latest Restructuring & Insolvency News

Retrospective administration orders when faced with a defective administration extension(Duffy v Mederco (Cardiff))

Retrospective administration orders when faced with a defective administration extension(Duffy v Mederco (Cardiff))

The following Restructuring & Insolvency news provides comprehensive and up to date legal information on Retrospective administration orders when faced with a defective administration extension(Duffy v Mederco (Cardiff))

No basis for freezing order to continue post-recognition (Protasov v Derev)

No basis for freezing order to continue post-recognition (Protasov v Derev)

The following Restructuring & Insolvency news provides comprehensive and up to date legal information on No basis for freezing order to continue post-recognition (Protasov v Derev)

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

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

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’—Bulgaria

Restructuring & Insolvency weekly highlights—4 March 2021

Restructuring & Insolvency weekly highlights—4 March 2021

The following Restructuring & Insolvency news provides comprehensive and up to date legal information on Restructuring & Insolvency weekly highlights—4 March 2021

Featured Restructuring & Insolvency content

Compulsory winding up of a company—the process and procedure

Compulsory winding up of a company—the process and procedure

STOP PRESS: The Corporate Insolvency and Governance Act 2020 contains provisions which, on a temporary basis (presently until 31 December 2020) impose...

What is a statutory declaration of solvency, and what happens if a false declaration of solvency is made

What is a statutory declaration of solvency, and what happens if a false declaration of solvency is made

Statutory declaration of solvencyA company enters voluntary liquidation when the members of the company vote to do so by a special resolution. For...

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 primary function of office-holders in personal and corporate insolvency is to collect in the assets belonging to a company or individual and to...

Effect of equitable, contractual and structural subordination

Effect of equitable, contractual and structural subordination

Senior creditors will ensure that in addition to having higher security rights over junior creditors, juniors are also subordinated to them.Generally...

Practice notes

US ipso facto clauses

Ipso facto clauses definedContracts often contain provisions to the effect that the contracts will terminate upon the bankruptcy or insolvency of one...
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Produced in partnership with Liz Downing of Skadden Arps Slate Meagher & Flom LLP 12th Jan
Practice notes

Winding-up and administration searches for companies at the Central Registry

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

Cashflow and balance sheet tests for insolvency

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

Covenant waivers and resets

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

Loan to value covenants

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

Proprietary claims

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

Effect of a moratorium in a company voluntary arrangement (CVA) on creditors and the company [ARCHIVED]

The Court of Appeal has made it clear in JCAM that a moratorium cannot be obtained through the back door by filing a notice of intention to appoint an...
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Produced in partnership with Lexa Hilliard QC of Wilberforce Chambers 12th Jan
Practice notes

Equitable accounting—how it works in practice

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

How to serve a demand for payment

A demand for payment is a formal demand made in accordance with the contractual requirements underpinning the liability which the party issuing the...
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Produced in partnership with James Hannant of Guildhall Chambers 12th Jan
Precedents

Certificate of urgency for applications in insolvency proceedings

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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9th Nov
Practice notes

Insolvency set-off—the position under the Insolvency (England and Wales) Rules 2016

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
tag iconIn-house
Practice notes

Key features of securitisation and asset based lending

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

Misfeasance claims under section 212 of the Insolvency Act 1986

What is a misfeasance claim under section 212 of the Insolvency Act 1986?Claims commenced under section 212 of the Insolvency Act 1986 (IA 1986) are...
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9th Nov
tag iconIn-house
Practice notes

Avoiding invalid floating charges under section 245 of the Insolvency Act 1986

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

Interim receivers

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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Produced in partnership with South Square and BDO LLP 12th Jan
Practice notes

Out-of-court administration appointments by a QFCH—the procedure

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

Most recent R&I in Scotland content

Practice notes

Guide to the differences between a commercial property sale transaction in Scotland and England and Wales

This Practice Note considers the different stages in transactions for the sale of commercial property in England and Wales compared to those in...
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Produced in partnership with Rachel Oliphant of Pinsent Masons 15th Jan
tag iconScottish Law
Practice notes

Guide to the differences between commercial lease transactions in England and Scotland

This Practice Note considers the different stages in lease negotiations for commercial property in England and Wales compared to those in Scotland, at...
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Produced in partnership with Rachel Oliphant of Pinsent Masons 15th Jan
tag iconScottish Law
Practice notes

Comparison of priority periods in England (official search with priority) against protected period in Scotland (advance notice)

In property transactions the person buying, leasing or taking security over a property will check the title for the property before they proceed with...
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Produced in partnership with Rachel Oliphant of Pinsent Masons 15th Jan
tag iconScottish Law
Practice notes

Disputes in assignation and subletting leases in Scotland

Assignation and sublettingAssignation and subletting are two options which a tenant may use to introduce a new tenant into the lease arrangement. The...
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Produced in partnership with Rebecca Roberts of DLA Piper Scotland LLP 15th Jan
tag iconScottish Law
Practice notes

A guide to land registration and the sasine register in Scotland

The Registers of ScotlandThe Registers of Scotland (ROS) is the Scottish Government Agency responsible for looking after a range of registers, most...
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Produced in partnership with Gary Donaldson of Millar & Bryce 15th Jan
tag iconScottish Law
Practice notes

Brexit—implications for Scotland

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...
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Produced in partnership with Roy Martin QC and Denis Edwards of Terra Firma Chambers 13th Jan
tag iconScottish Law tag iconBrexit
Practice notes

Scotland—cross border banking and finance guide

Loan market and developmentsOverviewGenerally speaking, the loan market in Scotland has much in common with the loan market in England. Financial...
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Produced in partnership with Shepherd and Wedderburn 13th Jan
tag iconScottish Law
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 (ISCVAAR 2018), SI 2018/1082 were laid before the UK...
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Produced in partnership with Eileen Maclean of Insolvency Support Services 11th Jan
tag iconScottish Law
Practice notes

The Insolvency (Scotland) (Company Voluntary Arrangement and Administration) Rules 2018 and The Insolvency (Scotland) (Receivership and Winding Up) Rules 2018—creditors’ meetings and proxies

The Insolvency (Scotland) (Company Voluntary Arrangement and Administration) Rules 2018 (ISCVAAR 2018), SI 2018/1082 were laid before the UK...
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Produced in partnership with Eileen Maclean of Insolvency Support Services 11th Jan
tag iconScottish Law
Practice notes

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

The Insolvency (Scotland) (Company Voluntary Arrangement and Administration) Rules 2018 (ISCVAAR 2018), SI 2018/1082 were laid before the UK...
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Produced in partnership with Tim Cooper and Matthew Finnie of Addleshaw Goddard LLP 11th Jan
tag iconScottish Law
Practice notes

The Insolvency (Scotland) (Receivership and Winding up) Rules 2018—members' voluntary winding-up

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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Produced in partnership with Tim Cooper of Addleshaw Goddard 11th Jan
tag iconScottish Law
Practice notes

The Insolvency (Scotland) (Company Voluntary Arrangement and Administration) Rules 2018 and The Insolvency (Scotland) (Receivership and Winding Up) Rules 2018—creditors' and liquidation committees

The Insolvency (Scotland) (Company Voluntary Arrangement and Administration) Rules 2018 (ISCVAAR 2018), SI 2018/1082 were laid before the UK...
Read More >
Produced in partnership with Eileen Maclean of Insolvency Support Services 11th Jan
tag iconScottish Law
Practice notes

The Insolvency (Scotland) (Company Voluntary Arrangement and Administration) Rules 2018 and The Insolvency (Scotland) (Receivership and Winding Up) Rules 2018—transitional and savings provisions

The Insolvency (Scotland) (Company Voluntary Arrangement and Administration) Rules 2018 (ISCVAAR 2018), SI 2018/1082 were laid before the UK...
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Produced in partnership with Eileen Maclean of Insolvency Support Services 11th Jan
tag iconScottish Law
Practice notes

The Insolvency (Scotland) (Company Voluntary Arrangement and Administration) Rules 2018 and The Insolvency (Scotland) (Receivership and Winding Up) Rules 2018—decision-making

The Insolvency (Scotland) (Company Voluntary Arrangement and Administration) Rules 2018 (ISCVAAR 2018), SI 2018/1082 were laid before the UK...
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Produced in partnership with David Menzies of ICAS 11th Jan
tag iconScottish Law
Practice notes

The Insolvency (Scotland) (Company Voluntary Arrangement and Administration) Rules 2018 and The Insolvency (Scotland) (Receivership and Winding Up) Rules 2018—office-holder communications

The Insolvency (Scotland) (Company Voluntary Arrangement and Administration) Rules 2018 (ISCVAAR 2018), SI 2018/1082 were laid before the UK...
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Produced in partnership with David Menzies of ICAS 11th Jan
tag iconScottish Law
Practice notes

The Insolvency (Scotland) (Company Voluntary Arrangement and Administration) Rules 2018—administrations

For the impact of Brexit on Scottish procedures, see Practice Note: Table showing impact of Brexit on jurisdiction to commence...
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Produced in partnership with Emma Widdowson of Addleshaw Goddard LLP 11th Jan
tag iconScottish Law
Practice notes

The Insolvency (Scotland) (Receivership and Winding Up) Rules 2018—commencement of a creditors’ voluntary liquidation

The Insolvency (Scotland) (Company Voluntary Arrangement and Administration) Rules 2018 (ISCVAAR 2018), SI 2018/1082 were laid before the UK...
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Produced in partnership with David Menzies of ICAS 11th Jan
tag iconScottish Law
Practice notes

The Insolvency (Scotland) (Company Voluntary Arrangement and Administration) Rules 2018—company voluntary arrangements (CVAs)

The Corporate Insolvency and Governance Act 2020 (CIGA 2020), in force from 26 June 2020, abolishes the moratorium procedure for small companies under...
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Produced in partnership with Emma Widdowson of Addleshaw Goddard LLP 11th Jan
tag iconScottish Law
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 (ISCVAAR 2018), SI 2018/1082 were laid before the UK...
Read More >
Produced in partnership with David Menzies of ICAS 11th Jan
tag iconScottish Law
Precedents

Appendix 2: Amendments to R3 Standard Form COVID-19 CVA proposal (Scotland) for a debt waiver

Clause 3.5: replace 2nd sentence with ‘The Proposal, if accepted, is likely to result in a total Dividend of [insert amount, less than 100] pence in...
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Produced in partnership with Tim Cooper and Matthew Finnie of Addleshaw Goddard LLP 8th Jan
tag iconScottish Law tag iconCOVID-19

Popular documents

LEXISNEXIS

Scrip dividends

Dividends involve a distribution of cash or a distribution of non-cash assets (known as a distribution in kind or a distribution in specie).A scrip dividend (in a tax context, sometimes referred to as a stock dividend) allows a shareholder to receive new shares in a company as an alternative to a

LEXISNEXIS

Overreaching—sales by trustees of land

Broadly, the doctrine of overreaching enables purchasers (which includes tenants and mortgagees) in good faith for money or money’s worth to rely solely on the legal title. In the case of registered land, this means the entries entered on the register of title, as it records ownership of the legal

LEXISNEXIS

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) insurance premiums. The relevant CPR

LEXISNEXIS

Notice of acting

Case number [insert number][In the principal registryORIn the [insert court location] FAMILY court]Sitting at [insert place]Notice of actingBetween[insert petitioner name]Petitionerand[insert respondent name]RespondentTake notice that we [insert name of firm] have been appointed to act as the