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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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The Insolvency Service has published its monthly insolvency statistics for March 2025 on company and individual insolvencies in England and Wales. The...
Restructuring & Insolvency analysis: On 28 March 2025, the High Court of Justice sanctioned a restructuring plan proposed by OutsideClinic Ltd binding...
The Insolvency Service has announced an eight-year directorship disqualification for Hubert Omukhulu, director of Remedy Payroll Solutions Ltd,...
The Accountant in Bankruptcy (AiB) has published official statistics on statutory debt solutions and company insolvencies in Scotland for the fourth...
The Insolvency Service has reported an 11-year directorship disqualification for Guy Conroy, former director of Green IS Group Limited and GIS...
Hague Convention on Choice of Court Agreements—application by contracting statesThis Practice Note considers the application of the Hague Convention...
Receivables purchase transactions: invoice discounting and factoringThe popularity of financing business through invoice discounting and factoring of...
Insolvency exception in the Lugano Convention and the Hague Convention: UK versionThis Practice Note considers the position for proceedings commenced...
When is a person ‘connected’ with a company under section 249 of the Insolvency Act 1986?This Practice Note considers when a person is ‘connected’...
Restructuring plans toolkit—News analysisRelevant news analysisThe Lexis+® UK teams regularly publish analysis on restructuring plans, which are set...
Draft order granting permission to serve insolvency proceedings out of the jurisdictionNote: Other than the court heading, this Precedent is drafted...
Application notice for permission to serve insolvency proceedings out of the jurisdictionNote: This Precedent should be used in conjunction with an...
Witness statement in support of an application for permission to serve insolvency proceedings out of the jurisdictionNote: Other than the court...
Hardship clauseHardship•means[, subject to clause [1.6 OR 1.7],] a [fundamental OR material] change in the balance of a party’s benefits and...
Application notice in connection with an application for a validation order pursuant to section 127 of the Insolvency Act 1986Note: This Precedent...
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 madeCoronavirus (COVID-19)This content is affected...
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 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 liquidationDissolution marks the end of a company’s life. It...
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 SolicitorBona vacantia means ‘goods without an owner’ and is a relevant consideration where...
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 agreementWhen restructuring is considered rather than formal insolvency proceedings (see Practice Note: Benefits of...
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?DisclaimerUnder sections 178 and 315 of the Insolvency Act 1986 (IA 1986), a liquidator or a trustee...
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 administratorThe role, powers and duties of an appointed administrator are set out in the Insolvency Act 1986...
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 2016The primary...
Schemes of arrangement—process and statutory frameworkSchemes of arrangement—definition and basis in statuteA scheme of arrangement is a...
When a company breaches the terms of its borrowing from a creditor with a Qualifying Floating charge, or in other circumstances set out in the charge, in limited circumstances that creditor may appoint an administrative receiver to recover the money it is owed.
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.
A court order authorising the petitioning creditor to cite the debtor to appear in court on a stated date to show that grounds for sequestration no longer exist. If the debtor fails to appear or fails to show that they should not be sequestrated, sequestration will be awarded effective from the date the order was granted