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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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Marcia Shekerdemian
David Kerr
Lesley Anderson
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Latest Restructuring & Insolvency News
The Insolvency Service has reported the disqualification of building contractor Tahir Haq from serving as a company director for 11 years, accompanied...
Restructuring & Insolvency analysis: This judgment confirms that, if a company in members’ voluntary liquidation (MVL) is unable to pay its debts in...
The Insolvency Service reports that the Information Sharing (Disclosure by the Registrar) Regulations 2024 (SI 2024/1378), effective from 20 December...
Property Disputes analysis: English property law periodically produces epoch-making decisions of the highest court. In years to come, Waller Edwards v...
The Insolvency Service has published updated guidance outlining rules for directors seeking to establish new companies following insolvency. The...
Latest Restructuring & Insolvency Practice Notes
Striking off, dissolution and restoration—glossary of termsThis glossary contains a summary and definition of some of the most common terms and...
Company restoration—administrative restorationWhen a company has been struck off, it may be possible to make an application to the registrar of...
The Registrar's powers to strike off a companyIt is possible to strike off a company pursuant to Part 31 of the Companies Act 2006 (CA 2006)...
2025: Key Restructuring & Insolvency casesName of parties and citation(s)Judgment dateSubjectFurther readingBatra v Castle Trust Capital Plc and...
Part 26A restructuring plans—processKey steps and timetablesThe restructuring plan (RP) process largely mirrors that used in schemes:For cases where...
Latest Restructuring & Insolvency Precedents
Board minutes—company restorationCompany number: [insert company number][insert company name][LIMITED OR PLC]Minutes of a meeting of the board of...
Application to court to restore a company to the register—contents of part 8 claim formNo. [insert] of [insert]In the high court of justiceBUSINESS...
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...
Draft order granting permission to lift the administration moratorium under paragraph 43 of Schedule B1 to the Insolvency Act 1986CASE NO: [insert...
Court order for restoration of a company to the registerNo. [insert number] of [insert number]In the high court of justiceBUSINESS AND PROPERTY COURTS...
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
Asymmetric encryption (key pair)
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.
Company voluntary arrangement (CVA)
A formal procedure (essentially, a contract between the company and its Creditors) provided for by the IA 1986 which enables a company to agree with its Creditors how its debts should be dealt with.
MAP (Minimal Asset Process)
A simplified sequestration process for people with few assets. It is only available to people with debts of between £1,500 and £17,000 and where assets do not exceed £2,000 (with no single asset worth more than £1,000). The debtor must have been in receipt of benefits only for the previous six months or not be capable of paying a contribution as assessed by the Common Financial Tool
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