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Latest Restructuring & Insolvency News

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

End of insolvency temporary provisions—introduction of new temporary provisions

End of insolvency temporary provisions—introduction of new temporary provisions

The following Banking & Finance news provides comprehensive and up to date legal information on End of insolvency temporary provisions—introduction of new temporary provisions

Restructuring & Insolvency weekly highlights—16 September 2021

Restructuring & Insolvency weekly highlights—16 September 2021

The following Restructuring & Insolvency news provides comprehensive and up to date legal information on Restructuring & Insolvency weekly highlights—16 September 2021

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 spotlight content

Practice notes

What happens to a pension scheme on a company’s insolvency?

What happens to a pension scheme on a company’s insolvency?This Practice Note considers the effect of a company’s insolvency on an occupational...
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Produced in partnership with Thomas Robinson of Wilberforce Chambers 22nd Sep
Practice notes

The Pensions Regulator and its power to issue a contribution notice and financial support direction

The Pensions Regulator and its power to issue a contribution notice and financial support directionThe Pensions Regulator (the Regulator) is a...
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Produced in partnership with Raquel Agnello QC of Erskine Chambers and Tom Robinson of Wilberforce Chambers 22nd Sep
Practice notes

R&I spotlight on environmental law

R&I spotlight on environmental lawWhat are the main laws and regulations governing this area?There are three main sources of environmental law that an...
Read More >
Produced in partnership with Emma Sadler of Addleshaw Goddard 15th Sep
Practice notes

US: Foreign Account Tax Compliance Act (FATCA)—summary

US: Foreign Account Tax Compliance Act (FATCA)—summaryThe Hiring Incentives to Restore Employment Act (the HIRE Act) include provisions that give the...
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Produced in partnership with John Narducci (Partner) and Stephen C Lessard (Associate) of Orrick, Herrington & Sutcliffe LLP 6th Sep
Practice notes

Tax—FATCA tracker

Tax—FATCA trackerThis tax 'tracker' tool displays the current status of both US FATCA and UK FATCA intergovernmental agreements (IGA).The tracker is...
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6th Sep
Practice notes

Key tax considerations relevant to company voluntary arrangements (CVAs) with creditors

Key tax considerations relevant to company voluntary arrangements (CVAs) with creditorsThis Practice Note outlines the main tax implications where a...
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Produced in partnership with Anthony Davis and Julia Fox of Deloitte LLP 22nd Aug
Practice notes

Key tax consequences of an administration

Key tax consequences of an administrationThis Practice Note outlines:•the main corporation tax consequences when a UK incorporated company goes into...
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Produced in partnership with Anthony Davis and Julia Fox of Deloitte LLP 22nd Aug
Practice notes

Key tax consequences of an insolvent liquidation

Key tax consequences of an insolvent liquidationThis Practice Note outlines:•the main corporation tax consequences when a UK incorporated company...
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Produced in partnership with Julia Fox of Deloitte LLP and Anthony Davis 22nd Aug
tag iconIn-house
Practice notes

Taxation in corporate insolvency—the principal issues in outline

Taxation in corporate insolvency—the principal issues in outlineTaxation and insolvencyThere are relatively few specific rules governing the UK...
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Produced in partnership with David L. Irvine of Goodwin, Nathan Langford of Kirkland & Ellis International LLP and Philip Ridgway of Temple Tax Chambers 22nd Aug
Practice notes

Debt restructurings—enforcement

Debt restructurings—enforcementThis Practice Note outlines the tax issues that are relevant where creditors seek to enforce their security over the...
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Produced in partnership with Jenny Doak of Weil Gotshal & Manges LLP 22nd Aug
Practice notes

Steps an Insolvency Practitioner (IP) should take when faced with contaminated land

Steps an Insolvency Practitioner (IP) should take when faced with contaminated landBackground to the contaminated land regime (the regime)The...
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Produced in partnership with Ashurst 18th Aug
Practice notes

R&I spotlight on matrimonial law

R&I spotlight on matrimonial lawIP COMPLETION DAY: The Brexit transition period ended at 11pm on 31 December 2020. At this time (referred to in UK law...
Read More >
Produced in partnership with Melania Constable and James Riby of Charles Russell Speechlys LLP 18th Aug
Practice notes

How are Contribution Notices and Financial Support Directions treated under the priority order of payments in insolvency?

How are Contribution Notices and Financial Support Directions treated under the priority order of payments in insolvency?The implications of...
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Produced in partnership with Raquel Agnello QC of Erskine Chambers and Thomas Robinson of Wilberforce Chambers 18th Aug
Practice notes

Disclaiming environmental permits

Disclaiming environmental permitsEnvironmental permits and insolvencySome business operations which have an impact on the environment are likely to...
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Produced in partnership with Ashurst 18th Aug
Practice notes

Receivers and VAT

Receivers and VATFORTHCOMING CHANGES relating to insolvency and tax: Finance Act 2020 introduces provisions where:•HMRC becomes a secondary...
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Produced in partnership with John Baldry of Temple Tax Chambers 16th Aug
Q&As

Is stamp duty payable in respect of a share for share exchange undertaken as part of a section 110 demerger?

Is stamp duty payable in respect of a share for share exchange undertaken as part of a section 110 demerger? Since UK stamp duty applies to...
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16th Aug
Practice notes

Key tax considerations relevant to appointment of a fixed charge receiver

Key tax considerations relevant to appointment of a fixed charge receiverThis Practice Note:•outlines the main UK tax provisions that apply where a...
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Produced in partnership with Anthony Davis and Julia Fox of Deloitte LLP 15th Aug
Practice notes

Liquidation demergers

Liquidation demergersThis Practice Note is about the tax implications of liquidation demergers, also known as section 110 demergers, after section 110...
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15th Aug
Practice notes

Debt restructurings—tax issues on acquisitions of distressed debt

Debt restructurings—tax issues on acquisitions of distressed debtThe economic climate can lead to instances of distressed debt portfolios changing...
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Produced in partnership with Jenny Doak of Weil Gotshal & Manges LLP 15th Aug
Practice notes

Loan relationships—impairment and debt releases

Loan relationships—impairment and debt releasesA foundational principle of the loan relationships regime is that the profits and losses to be brought...
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15th Aug

Popular documents

The Financial Assistance Scheme—what are the available benefits?

The Financial Assistance Scheme—what are the available benefits?

The Financial Assistance Scheme—what are the available benefits?THIS PRACTICE NOTE APPLIES TO SCHEMES ENTERING THE FINANCIAL ASSISTANCE SCHEME FROM 1 JANUARY 2012.Where a scheme, its employer(s) and individual members have satisfied the criteria for eligibility into the Financial Assistance Scheme

No deal Brexit—jurisdiction (UK and the Lugano Convention) [Archived]

No deal Brexit—jurisdiction (UK and the Lugano Convention) [Archived]

No deal Brexit—jurisdiction (UK and the Lugano Convention) [Archived]ARCHIVED: This Practice Note has been archived and is not maintained.This Practice Note has been produced in partnership with Guy Pendell, Liz Williams and Kushal Gandhi of CMS.This Practice Note covers the situation where the UK

Negligence—key elements to establish a negligence claim

Negligence—key elements to establish a negligence claim

Negligence—key elements to establish a negligence claimNegligence—what are the key ingredients to establish a claim in negligence?For liability in negligence to be founded, four key ingredients must be present:•duty of care•breach of that duty•damage (which is caused by the breach)•foreseeability of

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