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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 Re Vybra Solutions Ltd, the High Court considered whether directors proposing an out-of-court administration...
Restructuring & Insolvency analysis: The liquidators’ claims under sections 238 and 239 of the Insolvency Act 1986 (IA 1986) were dismissed for two...
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...
Section 238 of the Insolvency Act 1986 (IA 1986) provides that for the court to declare that a transaction was at an undervalue (TUV) and grant relief...
The Ardagh Group conducted two separate LMEs through (i) a hunter gatherer and pari plus transaction in 2024 and (ii) hybrid LME (recapitalisation and...
Key steps and timetablesThe restructuring plan (RP) process largely mirrors that used in schemes:For cases where Cross Class Cram-Down (CCCD) or...
STOP PRESS: On 22 June 2026, Insolvency (England and Wales) (Amendment) Rules 2026, SI 2026/561 will come into force. This Practice Note is being...
This tracker provides a summary of the applicable legislation and guidance, and case law on the issue of out-of-court appointments of administrators...
Court Reference No: [INSERT COURT REF. NUMBER][IN THE HIGH COURT OF JUSTICE][BUSINESS AND PROPERTY COURTS] [OF ENGLAND AND WALES] OR THE COUNTY COURT...
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...
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...
Assignment. In Scotland, an assignation must be ‘intimated’, so an assignment of a debt is not valid unless ‘intimated’ to the debtor. Confidential invoice discounting in Scotland relies on trust arrangements, since the debtor is not notified (or intimated) of an assignment
A court order that requires a debtor's employer to deduct a portion of the debtor's earnings form their salary and remit them to their creditor
Symmetric encryption involves the parties to a document agreeing on and sharing a private key. The key used to decrypt the data is the same as the key used to encrypt it. Without taking further steps, this method does not enable a person to validate the authenticity of a message and is also of limited use in most commercial scenarios except for one-off and/or high value transactions. Using it for regular or bulk transactions is unlikely to be appropriate as the key must be distributed to several parties, increasing the risk of loss or unauthorised use.