| 1 | A guide to forms in insolvency proceedings A list of standard forms for use in restructuring and insolvency proceedings in accordance with the Insolvency Act 1986 and the Insolvency Rules 1986 (SI 1986/1925). The forms relate to company voluntary arrangements, administration, administrative receivership, liquidation, individual voluntary arrangements, bankruptcy, insolvency court procedure and practice, and the insolvency of overseas companies with UK establishments. | Practice note: overview | Maintained |
| 2 | A guide to PLC Finance's restructuring and insolvency ... A guide to PLC Finance's restructuring and insolvency resources. | Practice note: overview | Maintained |
| 3 | Contract management and supplier debt and insolvency ... A toolkit to guide users through key maintained PLC content on contract management, supplier debt and insolvency including links to all the relevant materials. | Practice note: overview | Maintained |
| 4 | Corporate insolvency: a guide An introduction to the aims of and background to corporate insolvency law, together with a brief overview of the various insolvency procedures available. This note also contains links to a multi-jurisdictional guide to restructuring and insolvency and a detailed note on US bankruptcy procedures. | Practice note: overview | Maintained |
| 5 | Corporate insolvency: a quick guide A quick guide to corporate insolvency in England and Wales.This is one of a series of quick guides, see Quick guides. | Practice note: overview | Maintained |
| 6 | Distressed debt trading: overview An overview of distressed debt and the distressed debt market in the UK. | Practice note: overview | Maintained |
| 7 | Limitation periods: an overview An overview of limitation periods. | Practice note: overview | Maintained |
| 8 | Limited liability partnerships (LLP): overview An overview of the structure and operation of a limited liability partnership (LLP) incorporated under the Limited Liability Partnerships Act 2000. This note contains the law from 1 October 2009. For details of the law applicable to limited liability partnerships before 1 October 2009, see Practice note, Limited liability partnerships: overview: pre-1 October 2009. | Practice note: overview | Maintained |
| 9 | Overview of company insolvency procedures This note provides a summary of the various procedures that may apply to a company in financial difficulties and summarises information in the following practice notes: Administration. Administrative receivership. Company voluntary arrangements (CVAs). Schemes of arrangement: role of the court. Liquidation. For each procedure, this note summarises in tabular form: Its purpose. Who may commence the procedure. How the procedure is commenced. Its effect. | Practice note: overview | Maintained |
| 10 | Overview of the employment aspects of insolvency A practice note outlining the principal employment aspects of insolvencies. The note includes a summary of insolvency procedures and their effect on the employment relationship and considers adoption of contracts by insolvency practitioners. | Practice note: overview | Maintained |
| 11 | Personal insolvency procedures: overview A practice note giving an overview of bankruptcy, individual voluntary arrangements (IVA) and debt relief orders (DRO), enforcement restriction orders, county court administration orders and debt repayment plans. | Practice note: overview | Maintained |
| 12 | Personal insolvency: a quick guide A quick guide to personal insolvency procedures in England and Wales, including bankruptcy and individual voluntary arrangements (IVAs).This is one of a series of quick guides, see Quick guides. | Practice note: overview | Maintained |
| 13 | SRA Code of Conduct 2011 toolkit A toolkit to guide users through PLC's resources on the SRA Code of Conduct 2011. | Practice note: overview | Maintained |
| 14 | Valuation issues in restructurings: overview An introduction to the valuation issues that can arise in restructurings. The note considers the practical difficulties that arise when valuing a company or group in financial distress, the relevant valuation methods and provides case studies of how valuation issues have affected restructuring and insolvency assignments that have come before the courts. | Practice note: overview | Maintained |
| 15 | A guide to Statements of Insolvency Practice A guide to Statements of Insolvency Practice (SIPs) including links to current and previous versions of SIPs, as well as creditors' guides under SIP 9. | Practice notes | Maintained |
| 16 | Amended Insolvency Rules 1986: court procedure and ... A guide to the material changes to the Insolvency Rules 1986 (SI 1986/1925) relating to court procedure and practice, which are mainly set out in Part 7. The changes will be made by the Insolvency (Amendment) Rules 2010 (SI 2010/686) and will include changes to the application procedure and access to documents on the court file. | Practice notes | 06-Apr-2010 |
| 17 | Are you looking for EU law content on this topic? A practice note explaining where to find EU law content from a topic page. | Practice notes | Maintained |
| 18 | Commercial fraud and insolvency An examination of the impact of insolvency on commercial fraud claims, this practice note considers the pari passu principle, transactions defrauding creditors, adjustments of prior transactions, fraudulent trading, wrongful trading and some potentially useful provisions for obtaining information from individuals and companies. | Practice notes | Maintained |
| 19 | Companies House forms post 1 October 2009 (Companies Act ... This note contains Companies House forms made under the Companies Act 2006. For information on Companies House forms produced under the Companies Act 1985, see Practice Note, Companies House forms pre 1 October 2009. | Practice notes | Maintained |
| 20 | Corporate insolvency and guarantees: overview An overview of the impact of corporate insolvency on guarantees. This practice note looks at the effect of the insolvency of the principal obligor, the guarantor and the guaranteed third party on the guarantee and on the parties' rights and remedies. It also considers the effect of foreign corporate insolvency proceedings on English law guarantees. | Practice notes | Maintained |
| 21 | Creditors of companies in financial difficulty or insolvency: top ... Suggested answers to some common questions asked by creditors of insolvent companies and companies in financial difficulties. | Practice notes | Maintained |
| 22 | Dissolution and restoration to the register: comparison ... A note outlining the changes to the law on the dissolution and restoration to the register of companies to be made by the Companies Act 2006 (2006 Act). For a link to the 2006 Act, see Companies Act 2006: publication of final text. For general background to the 2006 Act, see Practice note, Companies Act 2006: materials. Part 31 (dissolution and restoration to the register) will come into force on 1 October 2009. | Practice notes | Maintained |
| 23 | Environmental implications of restructuring a business This note explains the environmental implications of restructuring a business. | Practice notes | Maintained |
| 24 | Execution of deeds and documents Overview of the key legal requirements relating to the execution of deeds and documents under the laws of England and Wales. It reflects the law on execution from 1 October 2009. For details of the law governing execution of deeds and documents before 1 October 2009, see Practice note, Execution of deeds and documents: pre-1 October 2009. | Practice notes | Maintained |
| 25 | Financial collateral arrangements This note reviews the provisions of the Financial Collateral Arrangements (No 2) Regulations 2003 (SI 2003/3226). It looks at the various matters that should be considered under the Regulations when either a security, stock lending or a repo arrangement is being entered into in respect of financial collateral such as cash, financial instruments (such as shares in companies and other tradeable securities such as bonds) or credit claims (loans made available by credit institutions). | Practice notes | Maintained |
| 26 | How are assets distributed to creditors in corporate insolvency ... A practice note on how administrators and liquidators distribute asset realisations to creditors of insolvent companies and the priority of creditor claims. | Practice notes | Maintained |
| 27 | How can I protect my business from a debtor getting into ... A practice note on how to respond to the financial difficulties or insolvency of a company that owes you money, which considers how to press for payment from a distressed trading partner, key contractual issues and outlines the position of the unsecured creditor in an insolvency process. | Practice notes | Maintained |
| 28 | How do I give effective advice to a business in financial ... A practice note how to provide effective advice to a client in financial difficulty or near insolvency. | Practice notes | Maintained |
| 29 | How to carry out a security review for a bank A guide to preparing a report on the security package held by a bank over the assets of a company in financial difficulty. | Practice notes | Maintained |
| 30 | How to identify a company in financial difficulty A practice note explaining the "decline curve" of a business, giving guidance on how to get the information to assess how serious a business' difficulties are, and providing an overview of what insolvency means and how to react to it. | Practice notes | Maintained |
| 31 | Informing the client about costs: at outset of retainer and ... This practice note stresses the importance of giving information to clients about costs. It summarises the requirements of the Solicitors Regulation Authority Code of Conduct 2011 (SRA Code 2011) and other legal requirements, and provides suggestions for how the best information on costs can be provided to a client retaining a solicitor for dispute resolution, at the outset and throughout the retainer. This note covers the requirements of the SRA Code 2011 (in force from 6 October 2011). For details of the previous applicable codes, see the old versions of this note, Practice notes, Informing the client about costs: at outset of retainer and beyond: July 2007 to 5 October 2011 and Informing the client about costs: at outset of retainer and beyond: pre 2007. | Practice notes | Maintained |
| 32 | Informing the client about costs: at outset of retainer and ... This Practice note stresses the importance of giving information to clients about costs. It summarises the requirements of the Solicitors Code of Conduct 2007, and other legal requirements, and provides suggestions for how best information on costs can be provided to the client, at the outset and throughout the retainer. Note: This note covers the requirements of the Solicitors Code of Conduct 2007 (in force from 1 July 2007 to 5 October 2011). For the latest requirements, under the Solicitors Code of Conduct 2011, see the new version of this note, Practice note, Informing the client about costs: at outset of retainer and beyond. For details of the Solicitors Costs Information and Client Care Code 1999, see, Practice note, Informing the client about costs: at outset of retainer and beyond pre 2007. | Practice notes | 05-Oct-2011 |
| 33 | Litigation and insolvency: claiming against an insolvent ... A practical guide for those who are seeking to bring or continue a claim against a company or individual which is, or is about to become, insolvent. This includes a summary of the statutory moratorium or automatic stay of proceedings that arise under the Insolvency Act 1986 when a company is in administration or liquidation respectively, and guidance on the court's approach on an application for leave to pursue a claim. | Practice notes | Maintained |
| 34 | Litigation by insolvent companies: issues to consider before ... A practice note on the issues to be considered when litigation is pursued on behalf of an insolvent company. It deals with the types of claim that may be available in corporate insolvency (whether administration, liquidation or receivership), the need for sanction, the claimant's potential liability for costs, funding options and settlement of claims. | Practice notes | Maintained |
| 35 | Quasi-legislation: codes, guidance, orders, rules and ... A note on the various types of quasi-legislation and how they should be treated. | Practice notes | Maintained |
| 36 | Quistclose trusts Ths note explains that a Quistclose trust is a form of resulting trust that may arise when funds are transferred for specific and exclusive purposes, as explained in Twinsectra Ltd v Yardley and others [2002] UKHL 12. It gives examples from case law of loans and other situations, and summarises factors to consider when advising. | Practice notes | Maintained |
| 37 | Restoring a dissolved company to the register of companies A guide to the procedures for restoring a dissolved company to the register of companies, under Part 31 of the Companies Act 2006. | Practice notes | Maintained |
| 38 | Restructuring and insolvency jargon buster An explanation of commonly used restructuring and insolvency jargon. | Practice notes | Maintained |
| 39 | Restructuring and insolvency law: training materials for new ... The learning curve for a trainee or a newly qualified solicitor arriving into a restructuring and insolvency team can be a steep one. To help those arriving into an R&I team and those putting together training materials for them, we have picked out some materials from the PLC Restructuring and Insolvency site. These materials will also be useful to those who have moved in house and find themselves having to get to grips with restructuring and insolvency law. Remember to arrange for any new recruits to get access to PLC Restructuring and Insolvency, and ensure they are signed up to receive the PLC Finance weekly and/or monthly e-mails. To do this, please e-mail info@practicallaw.com or contact your account manager on 020 7202 1220. If you do not subscribe to PLC Restructuring & Insolvency, see Request a free trial or call 020 7202 1220 to register your interest in a free trial. | Practice notes | Maintained |
| 40 | Restructuring and insolvency legislation tracker The restructuring and insolvency legislation tracker monitors the progress of recently introduced UK legislation that is of particular interest to restructuring and insolvency lawyers. | Practice notes | Maintained |
| 41 | Security for costs against an insolvent company This practice note provides guidance as to how the court will consider an application for security for costs on the ground that the claimant is an insolvent company (CPR rule 25.13 2 (c)). To be read alongside Practice note, Security for costs: an overview and Practice note, The procedure for applying for security for costs. | Practice notes | Maintained |
| 42 | Set-off clauses A note on boilerplate clauses that create or limit contracting parties' rights to set off monetary cross-claims against each other. It also outlines the following non-contractual rights of set-off: legal set-off, equitable set-off, banker's set-off and insolvency set-off. | Practice notes | Maintained |
| 43 | Trading disclosures This note covers the information that must be displayed or given by a UK company under the Companies Act 2006 (2006 Act) and the Insolvency Act 1986 (as amended) (1986 Act): At specified locations. In documents and communications. At the request of those they deal with in the course of business. It includes details of what an individual or partnership should disclose and the additional disclosures required of a charitable company. This note does not cover information that must be supplied to the Registrar of Companies. | Practice notes | Maintained |
| 44 | TUPE (7): insolvent businesses A note dealing with the position under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) where the transferor is insolvent. In particular, the note considers the different rules under TUPE which apply to businesses that are subject to "relevant insolvency proceedings" or "bankruptcy proceedings or any analogous insolvency proceedings". | Practice notes | Maintained |
| 45 | What are the warning signs of financial difficulty in a ... A guide to what to look for in a company's accounts when assessing its financial position and the warnings signs that may indicate financial difficulty or potential insolvency. | Practice notes | Maintained |