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About Restructuring & Insolvency Law

In Restructuring & Insolvency, your reputation, relationships and referrals are everything. You need to be the expert. You need to know the latest tips and tricks. You need to know what’s happening in the market right now. Lexis+ Restructuring & Insolvency is designed to give you that edge.

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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Latest Restructuring & Insolvency Q&As

Q&As
Does new section 233B of the Insolvency Act 1986 affect contracts for the supply of goods and services under which the supplier and/or the customer are based outside of the UK?
Q&As
An in-person hearing is scheduled for my arbitration over the next few months. In light of coronavirus (COVID-19), what should I be thinking about, what alternatives may be available (eg relocation, postponement, virtual hearing(s)), what considerations are relevant when contemplating these options, and how would alternative approaches be dealt with procedurally with the other side and the tribunal?
Q&As
An individual has been made bankrupt, and as usual the case is passed over to the Official Receiver in the first instance. An individual who is an Insolvency Practitioner is also a creditor and, wearing their creditor hat has nominated themselves to be appointed as trustee. Are there regulations (eg IPA) or case law that prohibits acting where there is such a conflict of interest?
Q&As
An administrator has been appointed by the directors of a company which is an appointed representative (under Financial Services and Markets Act 2000). Financial Conduct Authority (FCA) consent was not obtained prior to the appointment. Does it matter that the company is an appointed representative rather than authorised in its own right? If not, assuming consent from the FCA is subsequently obtained, is a court application to cure the defect necessary? Do you have any practical guidance on how to proceed?
Q&As
A mortgagee in possession has sold a property at auction. The mortgagee's charge is dated 20 February 2008. There is an equitable charge created by an interim charging order in favour of a second lender, registered on the 25th October 2010. Will the sale by the mortgagee in possession overreach the subsequent equitable charge and if so, will the equitable charge simply fall away or should the purchaser take any further steps to remove it from the register?
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Associated legal terms

Decree for payment

An order of the court finding a debtor liable to pay a sum of money to a creditor. Note that many company research tools, such as Experian, Company Watch, Red Flag, will pick up on decrees but still refer to them as County Court Judgments (CCJs)

Ipso facto

Clauses providing for termination on the occurrence of certain events eg insolvency or negotiations with creditors.

Phoenixing

The practice of placing a company into an insolvency process with the business/assets being transferred to a new company owned by some or all of the previous management, often engineered to avoid paying unsecured creditors.
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