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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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Our Restructuring & Insolvency Experts
Frank Brumby
Marcia Shekerdemian
David Kerr
Lesley Anderson
Peter Declercq
Latest Restructuring & Insolvency News
The Insolvency Service has announced that Kyle McGinness and Leanne Moynes, directors of YSK Enterprises Ltd, have each been disqualified from acting...
The government has published details of the ‘Register your rental property’ service, which forms part of the second phase of Renters’ Rights Act 2025...
This week's edition of Restructuring & Insolvency weekly highlights includes: the appointment of Lord Briggs as the next President of the UK Supreme...
Restructuring & Insolvency Analysis: Mr Aliotta’s bankruptcy did not bar the court from determining pre-existing claims under section 423 of the...
The Institute of Chartered Accountants of Scotland (ICAS) has reported on a Sheriff Appeal Court ruling in Collinge & Hamilton as Joint Liquidators of...
Latest Restructuring & Insolvency Practice Notes
IntroductionSince 2024, what remains of the body of domestic law derived originally from EU obligations and established by the European Union...
This Practice Note describes the law of electronic signatures (also known as digital signatures, e-signatures, E-Signatures, eSignatures, paperless...
It is axiomatic that corporate insolvency can often lead to fraud claims.The Insolvency Act 1986 (IA 1986) has ten sections with a title containing...
This Practice Note should be read in conjunction with Practice Note: Schemes of arrangement—convening hearing and sanction hearing in light of the...
Name of parties and citation(s)Judgment dateSubjectFurther readingFulmar Contracting Ltd (in liquidation) and others v Williams and another [2026]...
Latest Restructuring & Insolvency Precedents
You recently came to see us/contacted us as a director of a company in financial difficulties.The purpose of this letter is to bring to your attention...
Number of matter CVA [insert matter number] of 20[insert year]Report of the consideration of the proposalIn accordance with sections 4(6) and 4(6A) of...
[IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES] [IN [INSERT LOCATION]][INSOLVENCY AND COMPANIES LIST (ChD)]ORIN THE...
Court Reference No: [INSERT COURT REF. NUMBER][IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY COURTS[ OF ENGLAND AND WALES][ IN [INSERT LOCATION]]...
CASE NO: [insert case number]IN THE HIGH COURT OF JUSTICEBUSINESS AND PROPERTY COURTS OF ENGLAND AND WALESINSOLVENCY AND COMPANIES LIST (ChD)IN 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
Act of division and sale
An action which seeks the authority of the court for jointly owned property to be sold and the proceeds of sale divided between the co-owners, according to their interest
Creditors’ voluntary liquidation (CVL)
Voluntary process to wind up company, an alternative to liquidation'>Compulsory liquidation.
Transactions at an undervalue
A transaction where the insolvent company/bankrupt, transfers an asset out of their estate before the insolvency order, within the relevant time, for no consideration, or for consideration which is significantly less than the consideration given.
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