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The LexisNexis Restructuring & Insolvency practical guidance team has published a new Practice Note: ‘Liability of trustee in bankruptcy under section 304 of the Insolvency Act 1986—key cases’. This Practice Note sets out certain key cases and associated relevant content on the liability of a trustee in bankruptcy (trustee) under section 304 of the Insolvency Act 1986 which allows certain parties rights to enforce against a trustee in relation to misfeasance or breach of trust.
NEWS
The LexisNexis Restructuring & Insolvency and Dispute Resolution practical guidance teams have published a new Practice Note called ‘Litigation funding agreements—change of legal teams’. This Practice Note is one of a series of short Practice Notes, by Tanya Lansky and Tets Ishikawa, Managing Directors of LionFish Litigation Finance Ltd, aiming to provide for those involved in negotiating and considering litigation funding agreements and their associated documents a better understanding of the factors at play. It considers a change of legal teams, more particularly the relevant triggers and the practical process that should be followed.
NEWS
The LexisNexis Restructuring & Insolvency and Dispute Resolution practical guidance teams have published a new Practice Note called ‘Litigation funding agreements—pricing’. This Practice Note is one of a short series of Practice Notes by Tanya Lansky and Tets Ishikawa, Managing Directors of LionFish Litigation Finance Ltd, aiming to provide for those involved in negotiating and considering litigation funding agreements and their associated documents a better understanding of the factors at play. It considers pricing, more particularly pricing structures, pricing levels, scenario planning and top-ups and multiples pricing on deployed v committed capital.
NEWS
Banking & finance analysis: The LexisNexis Banking & Finance practical guidance team has published a new Practice Note called ‘Margin lending’ produced in partnership with William Evans, partner, Oliver Edwards, partner and Daniel Bhalla-Forman, managing associate of Linklaters. This Practice Note provides an introduction to margin loans and is useful for lending lawyers. It provides information on how margin loans are structured, common terms in the facility agreement, calculating the loan to value ratio, how the margin call works, a typical security package and security enforcement issues.
NEWS
Restructuring & Insolvency analysis: The LexisNexis Restructuring & Insolvency practical guidance team has published a new Practice Note called Misfeasance claims against administrators under paragraph 75 of Schedule B1 to the Insolvency Act 1986. This Practice Note considers paragraph 75 of Schedule B1 to the Insolvency Act 1986 which allows the conduct of an administrator of a company to be examined to investigate and potentially establish liability for misfeasance. It discusses whose conduct can be examined, who can make application, what allegations must be made, the nature of an administrator's duties, what relief may be granted and when the court’s permission is required.
NEWS
Restructuring & Insolvency analysis: The LexisNexis Restructuring & Insolvency practical guidance team has published a new Practice Note called ‘Part 26A restructuring plan deal debrief—Atento’. This Practice Note looks at the key terms of the Part 26A restructuring plan proposed by Atento in 2023.
NEWS
Restructuring & Insolvency analysis: The LexisNexis Restructuring & Insolvency practical guidance team has published a new Practice Note called ‘Preferences under section 340 of the Insolvency Act 1986’. This Practice Note considers preferences under section 340 of the Insolvency Act 1986 in personal insolvency, more particularly the requirements that need to be satisfied, bringing a claim, the relief that may be granted, the protection provided to third parties and limitation.
NEWS
The LexisNexis Restructuring & Insolvency practical guidance team has published a new Practice Note—'Prohibited names—key cases'. This Practice Note sets out certain key cases and associated relevant content in relation to the prohibited name rule under section 216 of the Insolvency Act 1986 (IA 1986), the consequences of breaching IA 1986, s 216 and the exceptions to that general rule.
NEWS
The LexisNexis Restructuring & Insolvency practical guidance team has published a new Practice Note: ‘Public examination of officers under section 133 of the Insolvency Act 1986—key cases’. This Practice Note sets out certain key cases and associated relevant content on the public examination of officers and others under section 133 of the Insolvency Act 1986.
NEWS
The LexisNexis Restructuring & Insolvency practical guidance team has published a new Practice Note: ‘Public examination of the bankrupt under section 290 of the Insolvency Act 1986—key cases’. This Practice Note sets out certain key cases and associated relevant content on the public examination of the bankrupt under section 290 of the Insolvency Act 1986.
NEWS
The LexisNexis Restructuring & Insolvency practical guidance team has published a new Practice Note—R&I tracker—legislative and regulatory developments. This Practice Note tracks the progress of key UK legislation (including Bills and Statutory Instruments in progress) and consultations relevant to restructuring and insolvency professionals. The key UK legislation/consultations are divided by topic area and are summarised in terms of their relevance to R&I professionals. This Practice Note tracks their current status, with links to associated relevant content.
NEWS
The LexisNexis Restructuring & Insolvency practical guidance team has published a new Practice Note—‘Recognised professional bodies'. This Practice Note discusses recognised professional bodies, more particularly the process of applying for recognition, their regulatory objectives, their oversight, the revocation of their recognition and the future of insolvency regulation.