Sign-in Help

R&I spotlight on employment, pensions, and immigration

View Restructuring & Insolvency by content type:

News
Practice notes
Precedents
Q&As

Latest Restructuring & Insolvency News

Claims arising from a fraudulent investment scheme resulting in corporate insolvency (Biscoe (as joint liquidators of Equitable Law Capital Ltd) v Milner)

Claims arising from a fraudulent investment scheme resulting in corporate insolvency (Biscoe (as joint liquidators of Equitable Law Capital Ltd) v Milner)

The following Dispute Resolution news provides comprehensive and up to date legal information on Claims arising from a fraudulent investment scheme resulting in corporate insolvency (Biscoe (as joint liquidators of Equitable Law Capital Ltd) v Milner)

Restructuring & Insolvency weekly highlights—15 April 2021

Restructuring & Insolvency weekly highlights—15 April 2021

The following Restructuring & Insolvency news provides comprehensive and up to date legal information on Restructuring & Insolvency weekly highlights—15 April 2021

Comment—UK lenders square up to tricky task of clawing back Covid-19 loans

Comment—UK lenders square up to tricky task of clawing back Covid-19 loans

The following Banking & Finance news provides comprehensive and up to date legal information on Comment—UK lenders square up to tricky task of clawing back Covid-19 loans

Changes to SIP 13 and SIP 16 and withdrawal of SIP 4

Changes to SIP 13 and SIP 16 and withdrawal of SIP 4

The following Restructuring & Insolvency news provides comprehensive and up to date legal information on Changes to SIP 13 and SIP 16 and withdrawal of SIP 4

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...

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 2016

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...

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...
Read More >
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...
Read More >
Produced in partnership with South Square 12th Jan
Practice notes

What is considered onerous property or contracts?

DisclaimerUnder sections 178 and 315 of the Insolvency Act 1986 (IA 1986), a liquidator or a trustee in bankruptcy (trustee) has the power to disclaim...
Read More >
9th Nov
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...
Read More >
9th Nov
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...
Read More >
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...
Read More >
Produced in partnership with Lexa Hilliard QC of Wilberforce Chambers 12th Jan
Practice notes

Court-appointed receivers—when a court will appoint a receiver and who may be appointed

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...
Read More >
Produced in partnership with John Hughes of Shakespeare Martineau LLP 12th Jan
Practice notes

Transactions defrauding creditors—claims under section 423 of the Insolvency Act 1986

It is possible for a claim to be brought under section 423 of the Insolvency Act 1986 (IA 1986) against a company or individual following a...
Read More >
9th Nov
tag iconIn-house
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...
Read More >
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...
Read More >
9th Nov
Practice notes

Prohibited names under section 216 of the Insolvency Act 1986

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...
Read More >
9th Nov
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....
Read More >
9th Nov
Practice notes

A guide to independent business reviews

This Practice Note looks at independent business reviews (IBRs) and aims to:•provide high level guidance around an IBR•identify when an IBR may be...
Read More >
Produced in partnership with Allan Kelly of RSM 12th Jan
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...
Read More >
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...
Read More >
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...
Read More >
9th Nov

Most recent R&I spotlight on employment, pensions, and immigration content

Practice notes

R&I spotlight on gangmasters law

The gangmasters regime protects workers from exploitation by operating a licensing system in:•agriculture•horticulture•shellfish gathering and...
Read More >
Produced in partnership with Patrick Cook & Huw Cooke of Burges Salmon LLP 9th Apr
Practice notes

How pensions affect pre-packs—the implications of the Bonas case

This note considers the implications of the Bonas case for those concerned with pre-pack administrations. The case was brought by the Pensions...
Read More >
Produced in partnership with Raquel Agnello QC of Erskine Chambers 9th Apr
Practice notes

R&I spotlight on immigration

Why is this immigration law relevant to insolvency practitioners and their staff?Legislation applicable generallyIn the first instance, employers have...
Read More >
Produced in partnership with Pat Saini and Séamas Gray of Penningtons Manches 9th Apr
Practice notes

Getting the Deal Through: Pensions & Retirement Plans 2020

Jurisdictions coveredThe following jurisdictions are covered in this report:Belgium; Brazil; Canada; Germany; Italy; Mexico; South Africa;...
Read More >
9th Apr
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 pension scheme in respect of which the company is the sponsoring...
Read More >
Produced in partnership with Thomas Robinson of Wilberforce Chambers 8th Apr
Practice notes

Redundancy—insolvency and the state guarantee fund

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...
Read More >
30th Mar
Practice notes

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

The Pensions Regulator (the Regulator) is a non-departmental government body created by the Pensions Act 2004 (PeA 2004).The power of the Regulator to...
Read More >
Produced in partnership with Raquel Agnello QC of Erskine Chambers and Tom Robinson of Wilberforce Chambers 23rd Mar
Practice notes

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

The implications of Lehmans/Nortel cases The Supreme Court decision in the case of Nortel/Lehman has clarified the status of Financial Support...
Read More >
Produced in partnership with Raquel Agnello QC of Erskine Chambers and Thomas Robinson of Wilberforce Chambers 23rd Mar
Practice notes

TUPE—effect of insolvency

This Practice Note considers how the application of the Transfer of Undertakings (Protection of Employment) Regulations 2006, SI 2006/246 (TUPE 2006)...
Read More >
Produced in partnership with Gowling WLG 22nd Mar
Practice notes

The 14-day rule and adoption of employment contracts in administration and administrative receivership

Coronavirus (COVID-19)This content is affected by the coronavirus (COVID-19) pandemic. For further details, see our Coronavirus (COVID-19) toolkit....
Read More >
4th Mar
Practice notes

How a company's insolvency affects its employees

Coronavirus (COVID-19)This content is affected by the coronavirus (COVID-19) pandemic. For further details, take a look at our Coronavirus (COVID-19)...
Read More >
4th Mar
Practice notes

How a pension is dealt with in bankruptcy

The position of a personal pension on bankruptcyA bankrupt’s estate automatically vests in the official receiver (or an insolvency practitioner if...
Read More >
Produced in partnership with Philip Hinks of 3 Verulam Buildings (3VB) 3rd Mar
Practice notes

Excessive pension contribution recovery

When pension contributions are recoverableThis practice note addresses two questions:•whether a bankrupt’s pension arrangement falls within the...
Read More >
Produced in partnership with Raj Arumugam of 5 Stone Buildings 3rd Mar
Q&As

Do US chapter 7 or 11 bankruptcy proceedings fall within the TUPE definition insolvency proceedings which have been opened

STOP PRESS: From 6 April 2017, the Insolvency Rules 1986, SI 1986/1925 were revoked and replaced by the Insolvency (England and Wales) Rules 2016 (IR...
Read More >
15th Feb

Popular documents

LEXISNEXIS

What is practical completion?

Practical completion marks the end of the construction period of a project, when the works are 'finished' and the employer can occupy and/or use them. Practical completion also typically marks the start of the defects liability period/maintenance period.As explained below, practical completion is an

LEXISNEXIS

A company’s constitution

What is a company's constitution?A company’s 'constitution' is defined under the Companies Act 2006 (CA 2006) as including:•the company’s articles of association, and•any resolutions and agreements affecting a company’s constitutionThe CA 2006 definition of 'constitution' is not exhaustive and also

LEXISNEXIS

Wounding or causing grievous bodily harm with intent

The offence of causing grievous bodily harm with intentWounding or causing grievous bodily harm (GBH) with intent is triable only in the Crown Court on indictment. Elements of the offence Under the Offences against the Person Act 1861 (OATPA 1861), the prosecution must prove the defendant unlawfully

LEXISNEXIS

Codicils

Codicils may be used for making any alteration in a Will such as to alter the executors or make changes in legacies, whether by addition or deletion but that is by no means their only use. As a general rule, substantial changes are best achieved by means of a new Will and codicils are more