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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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Helping restructuring and insolvency professionals stay up-to-date with legal and market developments, and work faster and smarter.

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Latest Restructuring & Insolvency Q&As

Q&As
We understand that an official receiver can apply for a court order requiring a joint tenant to pay to them a sum of money to pay creditors pursuant to section 421A of the Insolvency Act 1986. Is this a power that an official receiver has broad power to exercise, or are there only certain circumstances/conditions which would warrant exercise of this power?
Q&As
To what extent are UK courts and tribunals bound by domestic and EU case law on Brussels I (recast) decided before/after IP completion day? If not bound, in what circumstances may they still have regard to it?
Q&As
A virtual hearing has been proposed for my arbitration in light of coronavirus (COVID-19). What practical and logistical matters will need to be considered in advance? What are the potential advantages and disadvantages of this approach?
Q&As
A key witness (expert or factual) cannot attend an in-person hearing scheduled for my arbitration over the next few months due to travel restrictions. How should I approach this issue vis-a-vis the witness, the client, the other side and the tribunal?
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?
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Associated legal terms

Compulsory liquidation

Winding up of a company ordered by the court.

Interdict

These are Scots law injunctions. They are similar in nature and effect to English freezing and mandatory injunctions

Petition (for administration)

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
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