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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The Insolvency Service has published its monthly insolvency statistics for September 2025 on company and individual insolvencies in England and Wales....
Restructuring & Insolvency analysis: This case concerns the question of whether liquidators or their firms dealing with a members’ voluntary...
This week's edition of Restructuring & Insolvency weekly highlights includes: an examination of a decision concerning whether and when the court will...
Restructuring & Insolvency analysis: The latest edition of Corporate Rescue and Insolvency (October 2025) is now available in Lexis+® UK (subscription...
The LexisNexis Restructuring & Insolvency practical guidance team has published two new Practice Notes to their Schemes of arrangement subtopic. The...
Insurance business transfer schemesConsistent with the common law of contract, an insurer is not able to transfer the burden of its obligations under...
Damages-based agreements (DBAs)What is a DBA?Section 58AA of the Courts and Legal Services Act 1990 (CLSA 1990) provides that a damages-based...
Commercial lease transactions—differences between Scots and English lawThis Practice Note considers the different stages in lease negotiations for...
Extending time for service of the claim form—making an applicationThis Practice Note provides assistance in making an application for an extension of...
Basic introduction to super senior, senior, mezzanine and junior debtThere is an array of different debt and capital structure options available to...
Confirmation of guarantee on variation of underlying facility agreement (bilateral)[To be printed on the headed paper of the Guarantor][insert...
Confidentiality agreement — restructuring & insolvencyThis Agreement is made [insert day and month] 20[insert year]Parties1[insert name of debtor...
Demand letter—borrower[To be printed on headed notepaper of the lender making demand]To: [Insert name of individual and/or position][insert name of...
Deed of confirmation of third party security on variation of underlying facility agreement (bilateral)This Deed is made on [date]Parties1[insert name...
Amendment agreement (letter format): for a bilateral facility agreement with or without security or a guarantee[To be printed on the headed paper 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...
A court appointment, often of the official receiver, made at any time after the presentation of a winding up petition usually to protect the company's assets, preserve the company's books and records or to protect the public pending the making of a winding up order.
A formal arrangement in the UK between the company and its creditors and/or its members (or a class of its creditors or members) pursuant to Part 26 of the Companies Act 2006 (CA 2006) (otherwise known as a scheme or Part 26 Scheme) which is sanctioned by court. The voting threshold for approval of the scheme is 75% by value and a majority in number of creditors (or members) or any class thereof voting in person or by proxy at each of the scheme meetings. This voting majority means that dissenting creditors can be easily crammed down.
Smart contracts are computer programs that run automatically without the need for human intervention. The code of a smart contract is fully automated; designed to self-execute on the parties’ request, or on the satisfaction of pre-determined conditions. Examples of use cases include performing transactions on decentralised cryptocurrency exchanges, facilitating games and the exchange of collectibles between participants on a distributed ledger, and running online gambling programs.