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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
Frank Brumby
Marcia Shekerdemian
David Kerr
Lesley Anderson
Peter Declercq
Latest Restructuring & Insolvency News
The Insolvency Service has updated its enforcement outcomes management information for April 2026. The data shows that there were 102 director...
The Insolvency Service has published issue 170 of its Dear IP newsletter. The issue includes updates to the IP Complaints Gateway guidance, a...
Tax analysis: In Re Waldorf, the High Court sanctioned (ie approved) the company’s restructuring plan under Part 26A of the Companies Act 2006,...
The Master of the Rolls and the Minister of State for Justice have signed the 195th Practice Direction (PD) Update, which broadens the scope of the...
Restructuring & Insolvency analysis: The Advocate General, on behalf of HMRC, petitioned the Court of Session in Scotland under section 6(4)(a) of the...
Latest Restructuring & Insolvency Practice Notes
It is not uncommon for a company that has granted a charge over its assets to file a statement at Companies House that the charge has been satisfied...
This Practice Note sets out examples of how the rules on priority could work in practice with reference to the relevant priority rules under English...
Registration can have an important effect on the priority of competing security interests. Broadly speaking, there are two different systems for...
This Practice Note sets out certain key cases and associated relevant content on the public examination of officers and others under section 133 of...
This Practice Note discusses the role of the official receiver (OR) in corporate insolvency.Appointment of ORsAn OR is a statutory office-holder.The...
Latest Restructuring & Insolvency Precedents
Company number: [insert number][insert company name] [LTD OR PLC]Minutes of a meeting of the board of directors (the Meeting) of [insert full name of...
Applicant(s): [insert initials and surname]: [insert number of witness statement eg 1st] Exhibit: [insert exhibit description]: Date: [insert date of...
Note: This Precedent should be used in conjunction with an application notice template that complies with the Insolvency (England and Wales) Rules...
CASE NO: [insert case number][IN THE HIGH COURT OF JUSTICEBUSINESS AND PROPERTY COURTS OF ENGLAND AND WALESINSOLVENCY AND COMPANIES LIST (ChD)ORIN THE...
[insert name, address and contact details/reference of author][insert date]To: [insert the name of the person or company to whom the letter is...
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
(Basic) electronic signatures
See Article 25(1) of Retained Regulation (EU) 910/2014, the UK eIDAS Regulation The UK eIDAS Regulation does not expressly state what the legal effect of a basic electronic signature will be, other than providing that it cannot be denied legal effectiveness and admissibility in evidence solely because it is in electronic form or does not meet the requirements of qualified electronic signatures. However, UK courts will apply their existing approach to basic electronic signatures. This is the same as the EU eIDAS Regulation save that Article 25(3) of the EU eIDAS Regulation is not retained in the UK eIDAS Regulation because the UK is a third country and there is no recognition of qualified electronic signatures in the EU where they are certified by a UK qualified trust service provider. Basic/simple/standard electronic signatures are commonly used in transactions.
Company voluntary arrangement (CVA)
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.
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
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