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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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Helping restructuring and insolvency professionals stay up-to-date with legal and market developments, and work faster and smarter.
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Our Restructuring & Insolvency Experts
Marcia Shekerdemian
David Kerr
Lesley Anderson
Peter Declercq
Joseph Curl
Latest Restructuring & Insolvency News
Restructuring & Insolvency analysis: The High Court sanctioned Poundland Ltd's restructuring plan under Part 26A of the Companies Act 2006 (CA 2006),...
The Institute of Chartered Accountants of Scotland (ICAS) has reported that the Accountant in Bankruptcy (AiB) will be restructuring its internal...
This week's edition of Restructuring & Insolvency weekly highlights includes: an analysis on the court’s refusal to grant section 423 (transactions...
The Insolvency Service has published comprehensive research and analysis featuring statistical data on director disqualifications in Great Britain,...
Restructuring & Insolvency analysis: The High Court dismissed a claim under section 423 of the Insolvency Act 1986 (IA 1986). Despite finding that the...
Latest Restructuring & Insolvency Practice Notes
The Corporate Insolvency and Governance Act 2020, the increase in the prescribed part and reintroduction of Crown preference—key issues and discussion...
Forum non conveniens—principlesThis Practice Note considers the doctrine of forum non conveniens, also referred to as the appropriate forum or the...
Electronic working and CE-File—how to use CE-File [Archived]ARCHIVED: This Practice Note has been archived and is no longer maintained. CPR PD 51O was...
Electronic working and CE-File—when and where is CE-File applicable? [Archived]ARCHIVED: This Practice Note has been archived and is no longer...
Witness evidence—the mechanics of giving evidence at trialThis Practice Note discusses giving evidence at trial under CPR 32. It also addresses giving...
Latest Restructuring & Insolvency Precedents
Precedent instructions or brief to counsel[IN THE HIGH COURT OF JUSTICE[BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert...
Draft order granting permission to lift the administration moratorium under paragraph 43 of Schedule B1 to the Insolvency Act 1986CASE NO: [insert...
Witness statement in support of an application for permission to lift the administration moratorium under paragraph 43 of Schedule B1 to the...
Part 26A restructuring plan Practice Statement Letter (PSL)IMPORTANT NOTICE FROM [insert name of Company]THIS LETTER REQUIRES YOUR IMMEDIATE AND...
Script for meeting(s) of creditors/members for restructuring plan1IntroductionThe time is now [insert the exact time] and I am opening the meeting of...
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
Act of division and sale
An action which seeks the authority of the court for jointly owned property to be sold and the proceeds of sale divided between the co-owners, according to their interest
Ipso facto
Clauses providing for termination on the occurrence of certain events eg insolvency or negotiations with creditors.
Warrant to cite
A court order authorising the petitioning creditor to cite the debtor to appear in court on a stated date to show that grounds for sequestration no longer exist. If the debtor fails to appear or fails to show that they should not be sequestrated, sequestration will be awarded effective from the date the order was granted
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