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 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...
The Insolvency Service has published updated guidance and templates for insolvency practitioners managing redundancy payment cases through the...
This week's edition of Restructuring & Insolvency weekly highlights includes: the publication of the monthly insolvency statistics for May 2025 by the...
OFSI General Licence trackerThis Practice Note tracks General Licences issued by the Office of Financial Sanctions Implementation (OFSI) under the UK...
Brexit—implications for Scotland [Archived]ARCHIVED: This Practice Note has been archived and is not maintained.This Practice Note discusses the legal...
Assimilated lawIntroductionThe body of domestic law derived originally from EU obligations and established by the European Union (Withdrawal) Act 2018...
Sunsetting retained EU law—essentialsRetained EU Law (Revocation and Reform) Act 2023The Retained EU Law (Revocation and Reform) Act 2023 (REUL(RR)A...
UK Debt securities — trading, settlement and custodyWhat does this Practice Note cover?The primary focus of this Practice Note is on debt securities...
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...
Application notice for a misfeasance application under section 212 of the Insolvency Act 1986Note: This Precedent should be used in conjunction with...
Application notice to unwind a preference or transaction at an undervalueNote: This Precedent should be used in conjunction with an application notice...
Witness statement in support of an application to unwind a preference or transaction at an undervalueApplicant(s): [insert initials and surname]:...
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 document issued by the court in sequestrations commenced prior to 1 April 2008 formally vesting a debtor’s estate in a trustee. Since that date, the Award of Sequestration vests debtor's estate in the trustee
Winding up of a company ordered by the court.