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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
Marcia Shekerdemian
David Kerr
Lesley Anderson
Peter Declercq
Joseph Curl
Latest Restructuring & Insolvency News
The Insolvency Service has reported that Zahid Afzal, director of Phone Bits Ltd and Phones Onn Ltd, received a two-year suspended sentence for...
This week's edition of Restructuring & Insolvency weekly highlights includes: the Court of Appeal’s judgment on treatment of secured debt under the...
The Council of the EU has announced its endorsement of the EU Directive aimed at harmonising key aspects of insolvency law across member states. This...
The Insolvency Service has updated its enforcement outcomes management information for May 2025. The data shows that there were 89 director...
The Insolvency Service has announced the disqualification of Romain McLean, director of RMC Associates Limited, from being a company director for 11...
Latest Restructuring & Insolvency Practice Notes
Conditional fee agreements—definition and requirementsWhat is a CFA?A CFA is defined as:‘An agreement with a person providing advocacy or litigation...
Scottish civil recovery—process and procedure in the Court of SessionThis Practice Note outlines the Scottish procedure for obtaining a civil recovery...
Key differences relating to legal entities under Scots lawSTOP PRESS: The Economic Crime and Corporate Transparency Act 2023 (ECCTA 2023) received...
Loan portfolio sales—key issuesThis Practice Note considers some of the key issues which can arise on a loan portfolio sale and which may be relevant...
Securitisation—securityThe purpose of security in securitisationsIn a traditional securitisation (ie not a synthetic securitisation) the issue of...
Latest Restructuring & Insolvency Precedents
Deed of release: for a debenture or mortgage—single company security provider—full or partial releaseThis Deed is made on [insert day and month]...
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...
Claim form (CPR Part 8) in respect of an application for a restructuring planClaim No. [insert claim number].[IN THE HIGH COURT OF JUSTICE][BUSINESS...
Form of proxy in a restructuring plan: creditors/membersClaim No. [insert claim number].[IN THE HIGH COURT OF JUSTICE][BUSINESS AND PROPERTY COURTS...
Sanctioning order for restructuring planCourt Reference No: [INSERT COURT REF. NUMBER][IN THE HIGH COURT OF JUSTICE][BUSINESS AND PROPERTY COURTS] [OF...
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
Establishment
A term used in (a) the EC Regulation on Insolvency/the Recast Regulation and (b) UNCITRAL Model Law regarding secondary proceedings.
MAP (Minimal Asset Process)
A simplified sequestration process for people with few assets. It is only available to people with debts of between £1,500 and £17,000 and where assets do not exceed £2,000 (with no single asset worth more than £1,000). The debtor must have been in receipt of benefits only for the previous six months or not be capable of paying a contribution as assessed by the Common Financial Tool
Sederunt book
The official and permanent record of the sequestration process maintained by the trustee
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