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.
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.
Helping restructuring and insolvency professionals stay up-to-date with legal and market developments, and work faster and smarter.
This week's edition of Restructuring & Insolvency weekly highlights includes: a look at the recent development in case law relevant to insolvency...
Restructuring & Insolvency analysis: A valuable weapon has been added to the armoury of an insolvency practitioner (IP) who takes over as...
The LexisNexis Restructuring & Insolvency practical guidance team has published two new Practice Notes—‘Victoria PLC—LME deal debrief (uptiering)’ and...
The LexisNexis Restructuring & Insolvency practical guidance team has published a new Overview and Practice Note on Liability Management Exercises...
Restructuring & Insolvency analysis: The court held that it was able to confirm the conversion from administration to liquidation pursuant to...
As a result of the 23 June 2016 UK referendum on membership of the EU, which voted with a 52% majority voting in favour of the UK leaving the EU,...
Name of parties and citation(s)Judgment dateSubjectFurther readingHinton and another (as joint administrators of Kession Capital Ltd) v KVB...
There is an array of different debt and capital structure options available to borrowers. Historically, it was common to see senior debt (usually held...
This Practice Note tracks General Licences issued by the Office of Financial Sanctions Implementation (OFSI) under the UK financial sanctions regime....
This Practice Note provides information on the UK bank recovery and resolution regime, including the Special Resolution Regime (SRR) under the Banking...
You recently came to see us/contacted us as a director of a company in financial difficulties.The purpose of this letter is to bring to your attention...
This Agreement is made [insert day and month] 20[insert year]Parties1[Insert name of lender] a company incorporated in [England and Wales] under...
[investment bank name] (in special administration)[Joint] Special Administrators’ Progress Reportfor the six-month period [date] to [date]Notice:...
IN THE MATTER OF [company name] (in administration)PURSUANT TO SECTION 1 OF THE INSOLVENCY ACT 1986 AND THE INSOLVENCY (ENGLAND AND WALES) RULES...
IntroductionThe time is now [insert the exact time] and I am opening the meeting of creditors of [insert name of the company or LLP (Company)] called...
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...
Clauses providing for termination on the occurrence of certain events eg insolvency or negotiations with creditors.
Unlike England, Scotland has not done away with the requirement to petition for a court appointed administrator. In England, administration petitions were replaced with applications by the Enterprise Act 2002. Both jurisdictions allow the Enterprise Act 2002 court form ‘out of court’ filing processes on similar procedural rules. The distinction to a ‘petition’ in England was important as a ‘petition’ is a class action which can be joined or taken over by any person in the same class, eg a creditor. In practice, there is little material difference
The official and permanent record of the sequestration process maintained by the trustee