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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: The Court of Session sanctioned Waldorf CNS (I) Ltd's Part 26A restructuring plan, applying the cross-class cram...
The R3 Association of Business Recovery Professionals has published its Quarterly Business Health Report for the second quarter (Q2) of 2026,...
This week's edition of Restructuring & Insolvency weekly highlights includes: an analysis of the Supreme Court’s decision that an unrecognised and...
Restructuring & Insolvency analysis: Mr Justice Fordham dismissed an appeal against conviction under section 216(3)(c) of the Insolvency Act 1986 (IA...
The Insolvency Service has published its annual plan for 2026–2027, setting out its strategic priorities, key initiatives and performance targets for...
This Practice Note explains:•what is meant by a loan transfer•the key issues to consider in relation to a loan transfer•the main methods of...
Out-of-court appointmentsThis Practice Note covers:•the out-of-court procedure for an appointment by a qualifying floating charge holder (QFCH),...
Waldorf Production UK Plc (the Company) applied for a second Part 26A restructuring plan (RP) at a sanction hearing in April 2026. The key points...
Section 101(1)(iii) of the Law of Property Act 1925 (LPA 1925) enables a mortgagee to appoint a receiver (LPA receiver) where the mortgage is made by...
Part 26A restructuring plans (RPs) have been available since 26 June 2020 (see Practice Notes: Part 26A restructuring plans: history, rationale and...
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)...
This Income Payments Agreement is made between:1[FULL NAME] of [ADDRESS] (the Bankrupt)2[FULL NAME] of [FIRM AND FIRM’S ADDRESS] acting as [joint]...
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...
A formal procedure (essentially, a contract between the company and its Creditors) provided for by the IA 1986 which enables a company to agree with its Creditors how its debts should be dealt with.
An order of the court finding a debtor liable to pay a sum of money to a creditor. Note that many company research tools, such as Experian, Company Watch, Red Flag, will pick up on decrees but still refer to them as County Court Judgments (CCJs)