Corporate insolvency processes for dispute resolution practitioners

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Practice notes
This Practice Note considers what damages may be available as remedy for claims in tort, including negligence claims.For general guidance on damages,...
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Produced in partnership with Lina Mattsson of Hardwicke Chambers 12th Jan
Practice notes
What is subrogation?Subrogation is an equitable mechanism aimed at preventing unjust enrichment by permitting one party to ‘step into the shoes’ of...
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9th Nov
Practice notes
What is a wasted costs order?A wasted costs order is defined in CPR PD 46, para 5.1 as an order:•that a legal representative pay a sum in respect of...
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9th Nov
Practice notes
This Practice Note considers when damages are available as a remedy for a misrepresentation claim with reference to the Misrepresentation Act 1967 (MA...
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Produced in partnership with Charles Spragge of Druces 12th Jan
Practice notes
CPR 46.5(4) sets out how the costs will be calculated and this is either by reference to:•proven financial loss, or•the amount for the time reasonably...
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9th Nov
Practice notes
Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners in a number of areas covered in this...
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Produced in partnership with Robert Brodrick and Stephen Woodward of Payne Hicks Beach 12th Jan
Practice notes
Claims for knowing receipt (sometimes also known as ‘unconscionable receipt’) and for dishonest assistance are sometimes referred to as ‘accessory...
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9th Nov
Practice notes
This Practice Note looks at the limitation period for professional negligence (prof neg) claims and explains how to determine the date of accrual in...
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9th Nov
Practice notes
This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your...
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9th Nov
Practice notes
Coronavirus (COVID-19): if serving documents outside the jurisdiction, this may be affected by the impact of coronoavirus on the availability of both...
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Produced in partnership with Camilla McPherson 12th Jan
Practice notes
Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and...
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9th Nov
Practice notes
As observed by Coulson J in Russell v Stone, ‘standstill agreements have become much more common than they ever used to be’ and yet, as that case...
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9th Nov
Precedents
Before making an applicationDetermine when the defence is due to be filed. Any application to extend time should be made prior to that time period...
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9th Nov
Practice notes
Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners considering:•which applicable law to...
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Produced in partnership with Thomas Ogden of 4 New Square and Anneliese Day QC of Fountain Court Chambers 12th Jan
Practice notes
Brexit: The UK's departure from the EU on exit day, ie Friday 31 January 2020, has implications for practitioners considering applicable law. For...
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9th Nov
Practice notes
This Practice Note considers the standard of proof in civil claims based on the defendant’s alleged fraud. It considers the test for dishonesty (per...
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9th Nov

Most recent Corporate insolvency processes for dispute resolution practitioners content

Practice notes
The UK Government’s policy of social distancing in order to slow the spread of coronavirus (COVID-19) has prompted temporary new working rules in...
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12th Apr
Practice notes
This Practice Note contains a summary of the key points relating to compulsory liquidation from the perspective of a dispute resolution...
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9th Apr
Practice notes
This Practice Note refers to:•the Insolvency Act 1986 as IA 1986, and •the Companies Act 2006 as CA 2006NoteThis guide is a summary of schemes of...
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9th Apr
Practice notes
It is a long-established principle that winding-up proceedings should not be commenced where the petition debt is genuinely disputed on substantial...
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Produced in partnership with Kate Rogers of St Philips Chambers 9th Apr
Practice notes
This Practice Note refers to the Insolvency Act 1986 as IA 1986.This guide is a summary of company voluntary arrangements (CVAs) and their impact on...
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9th Apr
Practice notes
NoteThis Practice Note is a summary of the key points relating to a creditors' voluntary liquidation (CVL) from a dispute resolution perspective.What...
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9th Apr
Practice notes
This Practice Note refers to the Insolvency Act 1986 as IA 1986.NoteThis Practice Note contains a summary of the key points relating to administration...
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9th Apr
Practice notes
Members’ voluntary liquidationsVoluntary liquidation or winding-up is a process in which the company, through the resolution of its members, decides...
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Produced in partnership with Robert Smailes of Leonard Curtis Business Solutions Group & Simon Hunter of Three Stone 9th Apr
Practice notes
This Practice Note is a summary of the key points relating to a members' voluntary liquidation (MVL) from a dispute resolution perspective.What is a...
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9th Apr
Practice notes
This Practice Note refers to the Insolvency Act 1986 as IA 1986.NoteThis table provides a summary of the key corporate insolvency processes from a...
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9th Apr
Practice notes
This Practice Note refers to:•the Insolvency Act 1986 as IA 1986•the Law of Property Act 1925 as LPA 1925•the Senior Courts Act 1981 as SCA 1981•the...
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9th Apr
Practice notes
The moratorium is at the very heart of the administration process, which is seen as one of the key tools for a company rescue or restructure of the...
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Produced in partnership with Kate Rogers of St Philips Chambers 8th Apr
Practice notes
Coronavirus (COVID-19)This content contains guidance on subjects impacted by the Coronavirus Act 2020 and related changes to court procedures and...
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Produced in partnership with Lexa Hilliard QC of Wilberforce Chambers 8th Apr
Practice notes
This Practice Note discusses:•the effect of an insolvency process on pending court proceedings in which the debtor, bankrupt or insolvent company is a...
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8th Apr
Practice notes
Background to the Corporate Insolvency and Governance Act 2020 (CIGA 2020)Spurred on by the coronavirus (COVID-19) pandemic and a desire to mitigate...
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8th Apr
Practice notes
On 26 June 2020, the Corporate Insolvency and Governance Act 2020 (CIGA 2020) came into force, see News Analysis: Corporate Insolvency and Governance...
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8th Apr
Practice notes
What is the background to the changes?The coronavirus (COVID-19) pandemic and the resulting lockdown and social distancing measures introduced by the...
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8th Apr
Practice notes
The Corporate Insolvency and Governance Act (CIGA 2020) inserts a new Part A1 into the Insolvency Act 1986 (IA 1986) which provides for a new...
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8th Apr
Practice notes
The Corporate Insolvency and Governance Act (CIGA 2020) inserts a new Part A1 into the Insolvency Act 1986 (IA 1986) which provides for a new...
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25th Mar

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