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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
Peter Declercq
Joseph Curl
Latest Restructuring & Insolvency News
The Insolvency Service has published statistics for individual insolvencies in England and Wales for 2025, broken down by region, local authority...
Restructuring & Insolvency analysis: The High Court applied established authorities and principles to grant declaratory relief, retrospective...
This week's edition of Restructuring & Insolvency weekly highlights includes: the launch by the Insolvency Service of a consultation on corporate...
The LexisNexis Restructuring & Insolvency practical guidance team has published a new Practice Note—‘Misfeasance claims against administrators under...
The Insolvency Service has launched a consultation on corporate civil enforcement reforms, inviting views on 11 proposals aimed at modernising the...
Latest Restructuring & Insolvency Practice Notes
This Practice Note sets out certain key cases and associated relevant content on the duty to co-operate with an office-holder under section 235 of the...
This Practice Note tracks some key hearing dates proposed or listed in the High Court, Insolvency and Companies Court (Chancery Division) daily cause...
The purpose of a preference claim under section 239 of the Insolvency Act 1986 (IA 1986) is to prevent a situation where a creditor is given priority...
Section 238 of the Insolvency Act 1986 (IA 1986) provides that for the court to declare that a transaction was at an undervalue (TUV) and grant relief...
Setting aside a transaction on the basis that it was an extortionate credit transaction under the Insolvency Act 1986 (IA 1986) is difficult. A...
Latest Restructuring & Insolvency Precedents
Company number: [insert number][Insert company name] [Limited OR PLC]Minutes of a meeting of the board of directors (the Meeting) of [insert full name...
Note: This Precedent should be used in conjunction with an application notice template that complies with the Insolvency (England and Wales) Rules...
CASE NO: [insert case number][IN THE HIGH COURT OF JUSTICEBUSINESS AND PROPERTY COURTS OF ENGLAND AND WALESINSOLVENCY AND COMPANIES LIST (ChD)ORIN THE...
Applicant(s): [insert initials and surname]: [insert number of witness statement eg 1st] Exhibit: [insert exhibit description]: Date: [insert date of...
[insert name, address and contact details/reference of author][insert date]To: [insert the name of the person or company to whom the letter is...
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
Advanced electronic signatures
The principles applicable to basic electronic signatures apply. Advanced electronic signatures are not expressly given particular status in respect of admissibility or legal effect. The crucial feature of advanced electronic signatures is that they require a link between the signature and the signatory, with a view to providing a degree of identity authentication. In practice, the evidential value of an advanced electronic signature is likely to be higher than a basic electronic signature due to the thorough processes used to create it. Most advanced electronic signatures rely on PKI to fulfil its requirements. A signature record can show any evidence of tampering.
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)
Transactions at an undervalue (TUV)
A transaction where the insolvent company/bankrupt transfers an asset out of their estate before the commencement of the insolvency, within the relevant time, for no consideration, or for consideration which is significantly less than the consideration given under Insolvency Act 1986, s 238.
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