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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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Latest Restructuring & Insolvency News
Restructuring & Insolvency analysis: This case concerned disqualification proceedings against Mr Ahmedivand, the sole director of a company called UK...
The Office of Financial Sanctions Implementation (OFSI) recently issued new guidance for insolvency practitioners (and letting agents), including new...
This week's edition of Restructuring & Insolvency weekly highlights includes: the part commencement of the Water (Special Measures) Act 2025, an...
The Insolvency Service reports the winding up of Encore Capital Group Inc Ltd, a debt recovery company based in Bristol, following a High Court...
The Ministry of Justice (MoJ) has announced that, subject to parliamentary approval, 171 court and tribunal fees will increase from April 2025 to...
Latest Restructuring & Insolvency Practice Notes
The Financial Services and Markets Act 2023—essentials Scope of this Practice NoteThe Financial Services and Markets Act 2023 (FSMA 2023) was...
How an administration comes to an endThere are several ways in which an administration can come to an end depending on the specific circumstances of...
Removal of trustee in bankruptcyThe trustee of a bankrupt’s estate may be removed from office by:•an order of court, or•a decision of the bankrupt’s...
Part 26A restructuring plans: history, rationale and scopePart 26A restructuring plans (RPs) have been available from 26 June 2020 under the Corporate...
Part 26A restructuring plan deal debrief—Thames Water Utilities Holdings LtdThames Water Utilities Holdings Ltd applied for a Part 26A restructuring...
Latest Restructuring & Insolvency Precedents
Precedent H—costs budgetA costs budget must be in the form of Precedent H annexed to CPR PD 3D unless the court orders otherwise. It must also be in a...
Gazette notice for the presentation of a winding-up petition under rule 7.10 of the Insolvency (England and Wales) Rules 2016Court Reference No:[...
Application notice for a fraudulent trading claim under sections 213 and 246ZA of the Insolvency Act 1986Note: This Precedent should be used in...
Deed of release: for a debenture or mortgage—company in administrationThis Deed is made on [insert day and month] 20[insert year]Parties1[insert name...
Witness statement in support of an application for a declaration that a transaction is void under section 284 of the Insolvency Act 1986Applicant(s):...
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
Award (of sequestration)
The order issued by a sheriff following a petition lodged by a creditor or by the AiB following an application for sequestration by the debtor declaring a person to be bankrupt and sequestrating their estate. The Award vests the debtor’s estate in the trustee
Comity
Legal reciprocity – the principle that one jurisdiction will recognise the validity and effect of another's orders and acts.
Interdict
These are Scots law injunctions. They are similar in nature and effect to English freezing and mandatory injunctions
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