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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
Marcia Shekerdemian
David Kerr
Lesley Anderson
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Joseph Curl
Latest Restructuring & Insolvency News
Restructuring & Insolvency analysis: The High Court has dismissed a claim brought by an assignee of creditors' debts against individuals who were...
The Insolvency Services has reported the shut down of Funnyfuzzy UK Co.Ltd for providing its customers with inferior and defective pet supplies....
This week's edition of Restructuring & Insolvency weekly highlights includes: confirmation by the Supreme Court of the immovables rule to English...
Law360, London: The UK Supreme Court refused on 20 November 2024 to recognise a Russian bankruptcy order against two properties owned by banker Georgy...
The Supreme Court has unanimously dismissed Ms Kireeva’s (Russian bankruptcy trustee’s) appeal to overturn the Court of Appeal’s’ decision regarding...
Latest Restructuring & Insolvency Practice Notes
The National Security and Investment Act—implications for finance transactionsThis Practice Note summarises the key provisions of the National...
Defined benefit pension schemes in lending transactionsAlthough defined benefit pension schemes (DB schemes) are in decline in the private sector,...
Use of information in the secondary debt market for loan tradingIs loan trading on the secondary market a regulated activity?The UK positionThe use of...
Tracker of Part 26 scheme/Part 26A restructuring plan hearing dates 2024This Practice Note tracks some key hearing dates listed in the High Court,...
Key parties in a PFI/PF2 projectThis Practice Note looks at the key parties typically involved in a PFI or PF2 project. It considers the roles of...
Latest Restructuring & Insolvency Precedents
Witness statement in support of an application for a declaration that a transaction is void under section 127 of the Insolvency Act 1986Applicant(s):...
Application notice seeking a declaration that a transaction is void under section 127 of the Insolvency Act 1986Note: This Precedent should be used in...
Executing documents—training materialsThese Training Materials provide an introduction to execution and cover the principal areas of executing simple...
Part 26A restructuring plan Practice Statement Letter (PSL)IMPORTANT NOTICE FROM [insert name of Company]THIS LETTER REQUIRES YOUR IMMEDIATE AND...
Witness statement in support of an application for a Part 26A restructuring planOn behalf of: ApplicantBy: [insert name]No: 1Exhibits: [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...
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)
Creditors' Committee
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]]
Debt arrangement scheme (DAS)
A debt management solution introduced by the Scottish Government and accessed through an approved money advisor. It allows the debtor more time for repayments free from the threat of enforcement (diligence) or bankruptcy.
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