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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
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Marcia Shekerdemian
David Kerr
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Peter Declercq
Latest Restructuring & Insolvency News
Restructuring & Insolvency analysis: In Re Vybra Solutions Ltd, the High Court considered whether directors proposing an out-of-court administration...
The LexisNexis Restructuring & Insolvency practical guidance team has published a new Practice Note: ‘Challenging a trustee in bankruptcy under...
Restructuring & Insolvency Analysis: This decision confirms that directors who implement aggressive tax avoidance arrangements for their own benefit...
The Insolvency Service has announced the winding up of UK Sinosia Business Limited and Longshine Overseas Limited, following referrals from Companies...
The Insolvency Service has announced that the former director of Greensill Capital (UK) Limited, Greensill Limited and Greensill Capital Pty Limited,...
Latest Restructuring & Insolvency Practice Notes
This Practice Note considers the Consumer Rights Act 2015 (CRA 2015) as it relates to goods and sets out the consumer’s statutory rights under CRA...
This Practice Note provides an overview of the reforms to the UK’s bank recovery and resolution regime introduced by the Bank Resolution...
ARCHIVED: This Practice Note has been archived and is not maintained.Silicon Valley Bank specialised in lending to businesses (particularly start ups)...
Part 26A restructuring plans (RPs) have been available since 26 June 2020 (see Practice Notes: Part 26A restructuring plans: history, rationale and...
An office-holder may admit or reject a proof of debt, in whole or in part, for the purposes of dividend. If the office-holder rejects a proof, in...
Latest Restructuring & Insolvency Precedents
A costs budget must be in the form of Precedent H annexed to CPR PD 3D unless the court orders otherwise. It must also be in a landscape format with...
Note: This Precedent should be used in conjunction with an application notice template that complies with the Insolvency (England and Wales) Rules...
Claim No. [insert claim number][IN THE HIGH COURT OF JUSTICE[BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert location]]]ORTHE COUNTY...
(pursuant to part 26A of the companies act 2006)between[insert name of company]and itsCreditors/Members(as defined in the Restructuring Plan)Dated...
Court Reference No:[ INSERT COURT REF. NUMBER][IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES] [IN [INSERT...
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
Adjudication for debt
A process which gives creditors a right or security over heritable property owned by the debtor, either alone or following inhibition. The creditor must first have a decree or other relevant document of debt
Edinburgh Gazette
An official newsletter published for the government by Her Majesty’s Stationery Office (HMSO) in which various official announcements are recorded. Details of all bankruptcies and protected trust deeds must be published in the AiB’s Register of Insolvencies
Ipso facto
Clauses providing for termination on the occurrence of certain events eg insolvency or negotiations with creditors.
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