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Brexit
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.
Corporate Insolvency and Governance Act 2020
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.
International content
Get country guides for 45 jurisdictions – the majority are from our Getting the Deal Through series. Where there are jurisdictional gaps, we have commissioned content, and have created several comparison tables.
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Helping restructuring and insolvency professionals stay up-to-date with legal and market developments, and work faster and smarter.
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Our Restructuring & Insolvency Experts
Marcia Shekerdemian
David Kerr
Lesley Anderson
Peter Declercq
Joseph Curl
Latest Restructuring & Insolvency News
Tax analysis: Following the decisions in Delinian Ltd (formerly Euromoney Institutional Investor plc) v HMRC and Wilkinson v HMRC legislation is being...
The LexisNexis Restructuring & Insolvency practical guidance team has published a new Practice Note—‘Strategic considerations relating to the issue of...
Restructuring & Insolvency analysis: The High Court rejected an application by the joint administrators of Pocket Renting Ltd (the Company) under...
The Insolvency Service has announced that Nicholas Couch, director of Frontier Technical Services Ltd, has received a 15-month prison sentence...
Banking and Finance analysis: This news analysis looks at the decision in L1T FM Holdings Ltd, in which the Court of Appeal agreed with the High Court...
Latest Restructuring & Insolvency Practice Notes
Dissolution and bona vacantia property—enforcement of securityBona vacantia means ‘goods without an owner’. Section 1012 of the Companies Act 2006 (CA...
Current issues and legal reforms for restructuring and insolvency professionalsThis Practice Note discusses current issues and legal reforms (with...
Investigation and asset tracing for office-holdersCompanies can find themselves victims of fraud or the vehicles for fraud perpetrated by management....
Out-of-court administrator appointments—who can appoint and in what circumstances?This Practice Note will cover:•the purpose of administration•who can...
Transfer to NewcoA popular restructuring method is to transfer a company's assets or business to a newly formed company (Newco). Essentially the good...
Latest Restructuring & Insolvency Precedents
Draft order declaring that a transaction is void under section 127 of the Insolvency Act 1986CASE NO: [insert case number][IN THE HIGH COURT OF...
Contract for sale—sale by trustee in bankruptcy or by bankrupt co-ownerdate [date]Parties1[[name of Trustee in Bankruptcy] of [address] (the trustee...
Certificate of urgency for applications in insolvency proceedingsCASE NO: [insert case number]IN THE HIGH COURT OF JUSTICEBUSINESS AND PROPERTY COURTS...
Appointment of LPA/fixed charge receiverDate [insert date of appointment]Parties1[insert name of Lender] of [insert address][ incorporated in England...
Retention of title (standard, or simple) clause1Title and risk1.1Risk in the Goods will pass to the Buyer [on [completion of] delivery OR when the...
Latest Restructuring & Insolvency Q&As
Featured Restructuring & Insolvency content
Role, powers, functions and duties of a liquidator
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 notes
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 searches
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 debt
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 agreement
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 payment
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 guide
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 swaps
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)
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 insolvency
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 made?
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 procedure post-presentation of the petition
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 administrator
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 made
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 Registry
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 1986
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 bankruptcy
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 expenses
Administration expensesThis Practice Note provides an overview of what amounts to an administration expense and discusses key case law.Expenses of an...
Associated legal terms
Interdict
These are Scots law injunctions. They are similar in nature and effect to English freezing and mandatory injunctions
Unfair preference
A transaction entered into by a debtor within the six months prior to sequestration to which and which certain statutory defences do not apply and which has the effect of creating a preference in favour of a creditor to the prejudice of the general body of creditors
Waterfall (of payments/recoveries)
This is the order in which liabilities of the debtor are paid out in insolvency or following an Event of default.
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