The following Restructuring & Insolvency news provides comprehensive and up to date legal information on Restructuring & Insolvency weekly highlights—17 April 2025
The following Restructuring & Insolvency news provides comprehensive and up to date legal information on The treatment of principal secured debt under a mental health crisis moratorium (Seculink Ltd v Forbes)
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...
Fraudulent trading claims under sections 213 and 246ZA of the Insolvency Act 1986A fraudulent trading claim arises under two separate statutory routes. Firstly, fraudulent trading is a criminal offence under section 993 of the Companies Act 2006 (CA 2006). Secondly, a civil remedy arises under
Avoiding invalid floating charges under section 245 of the Insolvency Act 1986Conditions to avoid floating chargesUnder section 245 of the Insolvency Act 1986 (IA 1986), floating charges are invalid if certain conditions are satisfied.By way of summary, a floating charge will be avoided if:•the
Rule 1.35(2)(b) of the Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024 states that an application notice must state the section of the Insolvency Act 1986 (IA 1986) or paragraph of a Schedule to the IA 1986 or the number of the IR 2016 rule under which it is made. What are the
Misfeasance claims under section 212 of the Insolvency Act 1986What is misfeasance?A claim under section 212 of the Insolvency Act 1986 (IA 1986) operates where a person caught by the section has:•misapplied, retained or become accountable for any money or other property of the company•breached any
0330 161 1234