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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
Marcia Shekerdemian
David Kerr
Lesley Anderson
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Joseph Curl
Latest Restructuring & Insolvency News
Restructuring & Insolvency analysis: The High Court (Chancery Division) held that Joint Special Administrators of Argentex LLP would not incur...
Restructuring & Insolvency analysis: The High Court granted declarations and injunctive relief to protect the English jurisdiction from foreign...
This week's edition of Restructuring & Insolvency weekly highlights includes: analysis of the court’s decision confirming that liquidators cannot...
The Insolvency Service has announced that the Secretary of State for Business and Trade has accepted seven-year disqualification undertakings from...
The Insolvency Service has reported that Craig Smith, director of C.A.S. Property Maintenance (Midlands) Limited, has bee sentenced to two years and...
Latest Restructuring & Insolvency Practice Notes
Liability of trustee in bankruptcy under section 304 of the Insolvency Act 1986This Practice Note considers section 304 of the Insolvency Act 1986 (IA...
Mis-selling interest rate hedging products—a guide for R&I lawyersIntroductionPrior to September 2008, numerous small and medium-sized enterprises...
Dispute resolution and derivativesWhat does this Practice Note cover?This Practice Note discusses:•the common categories of disputes that arise from...
Governing law, jurisdiction and arbitration clauses in finance documentsThis Practice Note discusses governing law and jurisdiction in the context of...
Derivatives—key casesThis Practice Note sets out certain key cases and associated analysis that is relevant to derivatives lawyers. The cases are...
Latest Restructuring & Insolvency Precedents
Executing documents—training materialsThese Training Materials provide an introduction to execution and cover the principal areas of executing simple...
Guide and script for holding standard creditor meetings in corporate insolvencyIntroductionThe time is now [insert the exact time] and I am opening...
Chairperson’s report on scheme meetingCourt Reference No: [INSERT COURT REF. NUMBER][IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY COURTS [OF...
Director’s proposal for a CVACourt Reference No: [INSERT COURT REF. NUMBER][IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY COURTS [OF ENGLAND AND...
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...
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
Floating charge (or Bond and Floating Charge)
Scotland uses a stand-alone floating charge, rather than including a floating charge in a debenture. The Bond refers to the debt obligation for which the security is given, and if not provided for in the floating charge document there needs to be a separate personal bond document. Often, however, the floating charge is drafted to include a bond, and so referred to as a bond and floating charge. Unlike England, it is possible to have a floating charge over the same assets at the same time as a fixed charge (eg Standard Security). This means that where a borrower provides an English debenture but has assets in Scotland, the wording of an English debenture floating charge needs to be checked to make sure it is compliant with Scots law floating charges
Fradulent trading
The carrying on of the business of a company with the defraud'>intent to defraud creditors of the company or creditors of any other person, or for any fraudulent effect, as set out under the IA 1986, s 213.
Provisional liquidator
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.
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