Powered by Lexis+®
Jurisdiction(s):
United Kingdom
Related legal acts
Key definition
Recast Regulation definition

What does Recast Regulation mean? In practice, “Recast Regulation” refers to the EU framework that determines which court has jurisdiction to open cross‑border insolvency proceedings, and how those proceedings are recognised and coordinated across Member States. It is practitioners’ shorthand for Regulation (EU) 2015/848 of 20 May 2015 on insolvency proceedings (recast), which repealed and replaced Council Regulation (EC) No 1346/2000. Key features include: jurisdiction based on the debtor’s centre of main interests (COMI); main and secondary proceedings; near‑automatic recognition and enforcement of insolvency judgments; duties of cooperation and communication between courts and office‑holders; group coordination proceedings; interconnected insolvency registers; and an expanded scope to certain...

Read More Right Arrow

UK post-Brexit comparative table: EU Recast Insolvency Regulation and UNCITRAL Model Law (CBIR 2006)—scope, COMI, proceedings, recognition and co-operation

Practice notes
imgtext

Legal regimes

The EU Recast Regulation on Insolvency applies within the EU Member States, whereas the UNCITRAL Model Law on Cross-Border Insolvency (the UNCITRAL Model Law) has potential global reach where a state chooses to adopt it. In the UK, the Cross-Border Insolvency Regulations 2006 (CBIR 2006), SI 2006/1030, give effect to the UNCITRAL Model Law (see Practice Note: When does UNCITRAL (implemented by the Cross-Border Insolvency Regulations) apply and what are the effects?). Foreign main proceedings broadly mirror main proceedings under the EU Recast Regulation on Insolvency, while foreign non‑main proceedings correspond to secondary proceedings under that regime. Following Brexit (from 11 pm on 31 December 2020), the Insolvency (Amendment) (EU Exit) Regulations 2019, SI 2019/146, took effect and modified Regulation (EU) 2015/848 (OJ L141/19) — the Recast Regulation on Insolvency [EU Recast Regulation on Insolvency] — alongside a range of other enactments, including the CBIR 2006 (see News Analysis: Brexit impact on Cross-Border Insolvency Regulations 2006 (CBIR 2006) and Practice Note: Brexit—impact on Recast Regulation on Insolvency [Archived]). From exit day (31 January 2020) the UK ceased to be an EU Member State. For a period, under the Withdrawal Agreement, the UK remained in an implementation period, during which...

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.
Web page updated on 22/05/2026

Popular documents

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

Read More Right Arrow

This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...

Read More Right Arrow

Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

Read More Right Arrow

I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...

Read More Right Arrow