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Practice notes
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
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
The purpose of section 216 of the Insolvency Act 1986Section 216 of the Insolvency Act 1986 (IA 1986) is aimed at preventing phoenix companies from...
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9th Nov
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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9th Nov
Practice notes
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
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
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
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
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 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
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
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
The Insolvency (England and Wales) Rules 2016, SI 2016/1024 (IR 2016) provide for a revised scheme for decision making in insolvency from 6 April...
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Produced in partnership with Richard Bowles 12th Jan
Practice notes
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
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
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...
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9th Nov

Most recent R&I spotlight content

Practice notes
Getting the Deal Through: Pensions & Retirement Plans 2020Jurisdictions coveredThe following jurisdictions are covered in this report:Belgium; Brazil;...
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16th May
Practice notes
Excessive pension contribution recoveryWhen pension contributions are recoverableThis practice note addresses two questions:•whether a bankrupt’s...
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Produced in partnership with Raj Arumugam of 5 Stone Buildings 15th May
Practice notes
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 15th May
Practice notes
R&I spotlight on immigrationWhy is this immigration law relevant to insolvency practitioners and their staff?Legislation applicable generallyIn the...
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Produced in partnership with Pat Saini and Séamas Gray of Penningtons Manches 15th May
Practice notes
How pensions affect pre-packs—the implications of the Bonas caseThis note considers the implications of the Bonas case for those concerned with...
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Produced in partnership with Raquel Agnello QC of Erskine Chambers 15th May
Practice notes
R&I spotlight on bribery lawPrincipal legislationThe main legislation governing this area is:•the Bribery Act 2010 (BA 2010)•the Proceeds of Crime Act...
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Produced in partnership with Philip Ryan, Hayley Saunders and Aaron Harlow of Shoosmiths LLP 15th May
Practice notes
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 15th May
Practice notes
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 LLP 15th May
Practice notes
R&I spotlight on matrimonial lawIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered...
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Produced in partnership with Melania Constable and James Riby of Charles Russell Speechlys LLP 15th May
Practice notes
R&I spotlight on health and safety lawWhat is the main legislation covering this area?The main legislation concerning health and safety is the Health...
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Produced in partnership with Jeremy Bark of Bryan Cave Leighton Paisner LLP 15th May
Practice notes
How a pension is dealt with in bankruptcyThe position of a personal pension on bankruptcyA bankrupt’s estate automatically vests in the official...
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Produced in partnership with Philip Hinks of 3 Verulam Buildings (3VB) 15th May
Practice notes
R&I spotlight on gangmasters lawThe gangmasters regime protects workers from exploitation by operating a licensing system...
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Produced in partnership with Patrick Cook & Huw Cooke of Burges Salmon LLP 15th May
Practice notes
R&I spotlight on planning lawThe main legislation controlling the planning system in England and Wales is the Town and Country Planning Act 1990 (TCPA...
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Produced in partnership with Tim Stansfeld of CMS and Martin Evans of CMS 15th May
Practice notes
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 15th May
Practice notes
R&I spotlight on environmental lawIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period...
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Produced in partnership with Emma Sadler of Addleshaw Goddard 15th May
Practice notes
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 15th May
Practice notes
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 15th May
Practice notes
How a company's insolvency affects its employeesCoronavirus (COVID-19)This content is affected by the coronavirus (COVID-19) pandemic. For further...
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15th May
Practice notes
When an Insolvency Practitioner (IP) can become personally liable for breaches of environmental lawSources of environmental liabilityThere are three...
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Produced in partnership with Ashurst 15th May
Practice notes
The 14-day rule and adoption of employment contracts in administration and administrative receivershipCoronavirus (COVID-19)This content is affected...
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15th May

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