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.
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Restructuring & Insolvency analysis: In this important judgment on the special administration regime for payment and e-money institutions, the court...
The LexisNexis Restructuring & Insolvency practical guidance team, in partnership with Mark Beaumont of Annecto Legal Ltd, has published a new...
The LexisNexis Restructuring & Insolvency practical guidance team has published two new Practice Notes—‘Part 26A restructuring plan deal debrief—Argo...
The LexisNexis Restructuring & Insolvency practical guidance team, in partnership with Kelesi Blundell, Dr Ioannis Asimakopoulos and Eleanor Wagg of...
The LexisNexis Restructuring & Insolvency practical guidance team, in partnership with Mark Beaumont of Annecto Legal Ltd, has published a new...
Tracker of Part 26 scheme/Part 26A restructuring plan hearing dates 2025This Practice Note tracks some key hearing dates proposed or listed in the...
2025: Key dates for restructuring and insolvency professionalsThis Practice Note sets out the key dates for restructuring and insolvency professionals...
Identifying bondholders and effective communicationThis Practice Note provides guidance on how to identify and communicate bondholders in the context...
TUPE—effect of insolvencyThis Practice Note considers how the application of the Transfer of Undertakings (Protection of Employment) Regulations 2006,...
Witness evidence—the mechanics of giving evidence at trialThis Practice Note discusses giving evidence at trial under CPR 32. It also addresses giving...
Appointment of LPA/fixed charge receiverDate [insert date of appointment]Parties1[insert name of Lender] of [insert address][ incorporated in England...
Retention of title (standard, or simple) clause1Title and risk1.1Risk in the Goods will pass to the Buyer [on [completion of] delivery OR when the...
Deed of surrender (tenant in administration)Date [insert date of surrender]Parties1[insert name of Landlord] [of [insert address] OR incorporated in...
Demand letter—guarantor[To be printed on headed notepaper of the lender making demand]To: [Insert name of individual and/or position][insert name of...
Contract for sale—sale by trustee in bankruptcy or by bankrupt co-ownerdate [date]Parties1[[name of Trustee in Bankruptcy] of [address] (the trustee...
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...
means the committee formed by the Company’s Creditors to represent the interests of the Creditors as a whole [by an agreement dated [insert date]]
An agreement between secured creditors as to the ranking of their security and debt, which usually also provide for agreed enforcement restrictions. Under Scots law, these will constitute an amendment of the security itself, and as such are registerable against the security at Companies House. Even where English deeds affect priority of security, they are not subject to registration requirements
A clause used by suppliers to retain title to goods.