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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
Frank Brumby
Marcia Shekerdemian
David Kerr
Lesley Anderson
Peter Declercq
Latest Restructuring & Insolvency News
Dispute Resolution analysis: The High Court stayed English proceedings challenging an enforcement and distressed disposal until related New York...
This week's edition of Restructuring & Insolvency weekly highlights includes: the publication by R3 of its Quarterly Business Health Report for the...
Companies House has announced that 23 company directors were disqualified for a combined total of 70 years following successful prosecutions for...
The Insolvency Service has announced an 18.5-month custodial sentence against Peter Etherington, after he pleaded guilty to acting as a director of PP...
Restructuring & Insolvency analysis: The High Court dismissed the appeal of Contract Natural Gas (Marketing) Ltd (Marketing) under Insolvency (England...
Latest Restructuring & Insolvency Practice Notes
What is an LME?The term liability management exercise (LME) can have various meanings. For the purposes of this Practice Note: (i) LMEs include...
Pre-action investigation and protocolWho brings proceedings under section 6 of the Company Directors Disqualification Act 1986?All proceedings under...
RemunerationThe remuneration of office-holders in both corporate and personal insolvencies is dealt with in the Insolvency Act 1986 (IA 1986) and...
How is a liquidator’s remuneration determined?The remuneration of an insolvency office-holder (in whatever capacity they are appointed) is governed by...
How is an administrator’s remuneration determined?The remuneration of an insolvency office-holder (in whatever capacity they are appointed) is...
Latest Restructuring & Insolvency Precedents
[Investment Bank name](in Special Administration)Special Administrators’ Proposals for achieving the purpose of the Special AdministrationNotice:...
CASE NO: [insert case number][IN THE HIGH COURT OF JUSTICEBUSINESS AND PROPERTY COURTS OF ENGLAND AND WALESINSOLVENCY AND COMPANIES LIST (ChD)ORIN THE...
This Agreement is made on [insert day and month] 20 [insert year]Parties1[Insert name of company in administration/liquidation] (in [administration OR...
Court Reference No:[ insert claim number][IN THE HIGH COURT OF JUSTICEBUSINESS AND PROPERTY COURTS OF ENGLAND AND WALESINSOLVENCY AND COMPANIES LIST...
Number of matter CVA [insert matter number] of 20[insert year]Report of the consideration of the proposalIn accordance with sections 4(6) and 4(6A)...
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
Centre of Main Interests
A term used in (a) the EC Regulation on Insolvency 1346/2000 (the EC Regulation on Insolvency)/the Recast Regulation; and (b) UNCITRAL Model Law regarding main proceedings
Interim attachment
Process (similar to diligence on the dependence) which restricts the debtor's ability to deal with a limited range of moveable assets in their possession while a court action progresses
Protected trust deed
A trust deed may be protected as long as a majority in number or a third in value of creditors do not object to its terms. Once protected, the terms of the trust deed becomes binding on all the creditors preventing them from taking further action to recover their debts.
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