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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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Helping restructuring and insolvency professionals stay up-to-date with legal and market developments, and work faster and smarter.
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Our Restructuring & Insolvency Experts
Marcia Shekerdemian
David Kerr
Lesley Anderson
Peter Declercq
Joseph Curl
Latest Restructuring & Insolvency News
Restructuring & Insolvency analysis: Four linked restructuring plans were sanctioned despite only being approved by two classes of creditors out of...
The Insolvency Service has updated its enforcement outcomes management information tables with data for September 2024. The data shows that there were...
The European Law Institute (ELI) has published its Principles Governing the Third Party Funding of Litigation (TPFL) as the final outcome of its TPFL...
This week's edition of Restructuring & Insolvency weekly highlights includes newly published guidance on the information sharing measures in the...
Employment analysis: On 10 October 2024, the government published the Employment Rights Bill 2024. The Bill sets out the rights and policies,...
Latest Restructuring & Insolvency Practice Notes
Witness evidence—the mechanics of giving evidence at trialThis Practice Note sets out how to give evidence at trial under Part 32 of the CPR. It...
No deal Brexit—enforcement of judgments [Archived]ARCHIVED: This Practice Note covers the situation where the UK and the EU do not reach an agreement...
Ways in which an insolvency practitioner can fund litigation and investigations where there are no assets in the estateThis Practice Note...
List of available cross-border insolvency and restructuring tools by country worldwideCross-border toolsThe EU Recast Regulation on Insolvency by its...
Key provisions of the financial collateral regulationsFORTHCOMING DEVELOPMENT: The Financial Services and Markets Act 2023 (FSMA 2023) implements the...
Latest Restructuring & Insolvency Precedents
Proposal for voluntary arrangement made by administrator of the companyIN THE MATTER OF [company name] (in administration)PURSUANT TO SECTION 1 OF THE...
Special Administrators’ proposals[Investment Bank name](in Special Administration)Special Administrators’ Proposals for achieving the purpose of the...
Indicative timetable for a scheme of arrangement under Part 26 of the Companies Act 2006DateActionFrom 98 days before the convening hearingDraft...
Order to convene creditor’s meetings for a scheme of arrangementCourt Reference No:[ INSERT COURT REF. NUMBER][IN THE HIGH COURT OF JUSTICE BUSINESS...
SCHEME OF ARRANGEMENT(pursuant to part 26 of the companies act 2006 of great britain)between[insert name of company]and itsScheme creditors(as defined...
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...
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...
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...
Obtaining Official Copies from HM Land Registry
Obtaining Official Copies from HM Land RegistryThis Practice Note provides guidance in obtaining official copies of the entries on the title of a...
Dissolution of a company following compulsory liquidation or creditors' voluntary liquidation
Dissolution of a company following compulsory liquidation or creditors' voluntary liquidationDissolution marks the end of a company’s life. It...
Bankruptcy searches
Bankruptcy searchesBankruptcy searches at the Land Charges DepartmentWhen a bankruptcy petition is presented by a creditor, the court shall as soon as...
Dissolution and bona vacantia—dealing with the Treasury Solicitor
Dissolution and bona vacantia—dealing with the Treasury SolicitorBona vacantia means ‘goods without an owner’ and is a relevant consideration where...
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...
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...
What are COMI proceedings?
Scotland: protected trust deeds
Scotland: protected trust deedsTrust deeds have, for many years, been utilised by debtors as a means of reaching a compromise with their creditors as...
What is considered onerous property or contracts?
What is considered onerous property or contracts?DisclaimerUnder sections 178 and 315 of the Insolvency Act 1986 (IA 1986), a liquidator or a trustee...
Recapitalisations
RecapitalisationsThe term 'recapitalisation' refers to a company changing the proportions of its debt and equity, something which can be achieved in a...
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...
How do you convert inter-company debt into equity? What are the advantages and disadvantages for the company and its shareholders?
The effect of a bankruptcy order on an individual voluntary arrangement (IVA), its assets, and the creditors
The effect of a bankruptcy order on an individual voluntary arrangement (IVA), its assets, and the creditorsThe gap in the insolvency legislationIt is...
The pari passu principle and collection remedies for the office-holder—the position under the Insolvency (England and Wales) Rules 2016
The pari passu principle and collection remedies for the office-holder—the position under the Insolvency (England and Wales) Rules 2016The primary...
Schemes of arrangement—process and statutory framework
Schemes of arrangement—process and statutory frameworkSchemes of arrangement—definition and basis in statuteA scheme of arrangement is a...
Associated legal terms
Caveats
This is a process lodged at courts in Scotland which can provide a person with notice'>advance notice of applications for winding-up; bankruptcy petitions issued in Scotland or orders for interim interdict (injunction)
Intromission/account of intromissions
The trustee's dealings with the estate. The Account of Intromissions is simply a statement of what the trustee has done with the debtor's estate
Official receiver
A civil servant acting as part of the insolvency service and officer of the court to which he is attached who performs a large range of functions in both corporate and personal insolvency.
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