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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: The High Court has taken a measured approach in addressing applications by Joint Official Liquidators (JOLs)...
Restructuring & Insolvency analysis: The trustees in bankruptcy of Nikolay Fetisov and Ilya Yurov (the Trustees) made an application to the court...
The Insolvency Service has published its monthly insolvency statistics for January 2025 on company and individual insolvencies in England and Wales....
Restructuring & Insolvency analysis: The High Court held on appeal that the appellants could rely on facts in existence at the time of termination of...
Law360, London: A Kuwaiti telecommunications business urged a London appeals court on 14 February 2025 to find that a Saudi prince should not be able...
Latest Restructuring & Insolvency Practice Notes
Role, powers, functions and duties of a liquidatorThe role and functions of a liquidatorA liquidator must be a licensed insolvency practitioner and...
Transfer to NewcoA popular restructuring method is to transfer a company's assets or business to a newly formed company (Newco). Essentially the good...
Court-to-court assistance and Insolvency Act 1986, s 426ApplicationThe section 426 of the Insolvency Act 1986 (IA 1986) is commonly only used by...
How to file for administration out of court opening hoursWho can make an out-of-court administration appointment outside of court opening hours?Where...
Part 26A restructuring plan—key casesPart 26A restructuring plans have been available since 26 June 2020 (see Practice Notes: Part 26A restructuring...
Latest Restructuring & Insolvency Precedents
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):...
Witness statement in support of a fraudulent trading application under sections 213 and 246ZA of the Insolvency Act 1986While both liquidators and...
Application notice seeking a declaration that a transaction is void under section 284 of the Insolvency Act 1986Note: This Precedent should be used in...
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
Acquirenda
Any property or right acquired or received by a debtor for a period of four years after the date of sequestration. Prior to 1 April 2015, the period for acquirenda finished when the debtor was discharged from sequestration
digital signature
A digital signature is an electronic signature produced using encryption technology. It is therefore a sub-category of electronic signature. Computer code representing the digital signature is inserted into, or attached to, the document being signed and serves as the electronic signature.
Restructuring Agreement
means an agreement between the Parties to implement a plan to restructure the Company’s business and debts
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