Brexit is a significant subject for R&I lawyers due to the reciprocal nature of our relationship with Europe. Our Brexit content offers key information and updates for all practitioners, as well as legislation trackers.
Includes new legislation due to coronavirus. Temporary provisions centre around winding-up petitions, wrongful trading and ipso facto clauses. Permanent changes include the creation of two corporate insolvency processes.
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This week's edition of Restructuring & Insolvency weekly highlights includes: an analysis of the office-holder’s approach to assigning litigation...
The Insolvency Service has updated its enforcement outcomes management information tables for February 2026. The data shows that there were 114...
Restructuring & Insolvency analysis: Two former directors of the company in liquidation (the Company) applied under section 168(5) of the Insolvency...
The Accountant in Bankruptcy (AiB) has announced that an independent review of Scotland’s statutory debt solutions has published its final report,...
The Insolvency Service has announced a five-year disqualification for Surrey business adviser, Richard Beal, following the liquidation of his...
This Practice Note sets out certain key cases and associated relevant content on the duty to co-operate with an office-holder under section 235 of the...
This Practice Note sets out certain key cases and associated relevant content in relation to misfeasance claims against administrators under paragraph...
ComityComity is the general common law principle that courts will recognise and enforce foreign proceedings, provided that they are not:•contrary to...
Part 26A restructuring plans (RPs) have been available from 26 June 2020 under the Corporate Insolvency and Governance Act 2020 (CIGA 2020). CIGA...
ARCHIVED: This Practice Note has been archived and is no longer maintained.Updated for the UK by the Practical Guidance Team.Chapter 7 affords the...
This is an indicative timetable. None of the deadlines are specified by statute. Where the company proposing the plan is a regulated entity, the...
[IN THE HIGH COURT OF JUSTICE[BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert location]]][Specify division][Specify specialist...
Applicant(s): [insert initials and surname]: [insert number of witness statement eg 1st] Exhibit: [insert exhibit description]: Date: [insert date of...
Note: This Precedent should be used in conjunction with an application notice template that complies with the Insolvency (England and Wales) Rules...
The Practice Statement for schemes and RPs 2025 governs the procedure for Part 26 schemes of arrangement (schemes; see Practice Note: Schemes of...
Role, powers, functions and duties of a liquidatorThe role and function of a liquidatorA liquidator is the officer appointed when a company goes into...
Bonds and notesThe terms ‘bonds’ and ‘notes’ are used interchangeably (and there is no legal difference between the terms), though notes tend to be...
Bankruptcy searchesBankruptcy searches at the Land Charges DepartmentWhen a bankruptcy petition is presented by a creditor, the court shall as soon as...
Basic introduction to super senior, senior, mezzanine and junior debtThe range of funding options open to companies has exploded, resulting in a vast...
Key elements of a standstill agreementWhen restructuring is considered rather than formal insolvency proceedings (see Practice Note: Benefits of...
How to serve a demand for paymentA demand for payment is a formal demand made in accordance with the contractual requirements underpinning the...
Receivership—an introductory guideThe appointment of a receiver is a remedy for creditors and certain third parties to protect their interest in...
Debt for equity swapsA popular restructuring method is a debt for equity swap; financial creditors receive equity in the restructured vehicle in...
Challenging an individual voluntary arrangement (IVA)Coronavirus (COVID-19)This content contains guidance on subjects impacted by the Coronavirus Act...
Cashflow and balance sheet tests for insolvencyIntroductionThis Practice Note will give a basic overview of the applicable tests for cashflow and...
What is a statutory declaration of solvency, and what happens if a false declaration of solvency is madeCoronavirus (COVID-19)This content is affected...
Bankruptcy petitions—process and procedureBefore the hearing of the creditors’ bankruptcy petition takes place, there are a number of steps that must...
Role, powers, functions and duties of an administratorThe role, powers and duties of an appointed administrator are set out in the Insolvency Act 1986...
Effect on proceedings against a company being wound up and after a winding-up order is madeThis Practice Note sets out guidance as to what happens...
Insolvency searches for companies at the Central RegistryWhat is the Central Registry of Winding-up Petitions?The Central Registry of Winding-up...
Transactions defrauding creditors—claims under section 423 of the Insolvency Act 1986It is possible for a claim to be brought under section 423 of the...
Role, powers, functions and duties of a trustee in bankruptcyThis Practice Note looks at the roles, powers, functions and duties of the trustee in...
Administration expensesThis Practice Note provides an overview of what amounts to an administration expense and discusses key case law.Expenses of an...
Where an individual debtor's debts exceed the total value of assets
Asymmetric encryption utilising key pairs is the most common type of encryption used for digital signature creation and verification. Software is used to generate a private key and a mathematically related public key. The private key is used by the signatory to encrypt the signature data. The public key, which is provided to the recipient of the electronic document, is then used to decrypt the data and verify the integrity of the document.
An alternative to an insolvent liquidation, whether a creditors' voluntary winding up or a compulsory winding up, whereby a company enters into a binding arrangement with its creditors to compromise its debts.