Individual insolvency processes for dispute resolution practitioners

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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
This Practice Note provides guidance on CPR 31.16 pre-action disclosure applications, where the applicant and respondent are likely to be parties to...
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9th Nov
Practice notes
The most important rule is to be polite. If you are polite to everyone at all times, it is hard to go seriously wrong.The judgeMake sure all mobile...
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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
Note:•this Practice Note gives specific guidance on matters proceeding in the Technology and Construction Court (TCC) under the provisions set out in...
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9th Nov
Practice notes
Similar facts evidence—meaning and the general positionOn occasion, evidence may exist that, for example, your client or opponent has behaved in a...
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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 courts have...
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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...
Read More >
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
As set out in The economic torts—overview, the law makes provision to protect a person’s trade or business from acts which are considered to be...
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9th Nov
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
This Practice Note explains costs only proceedings which are brought as Part 8 claims and are used to obtain a court order that there should be an...
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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 applicable law. For...
Read More >
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
DefinitionsThe following definitions are used in this Practice Note:•interest—this is an additional award made to the winning party to effectively...
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9th Nov
Practice notes
What is allocation?At an early stage in a claim, the court will provisionally allocate the claim to what it thinks is the most appropriate 'track' for...
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9th Nov

Most recent Individual insolvency processes for dispute resolution practitioners content

Practice notes
IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...
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Produced in partnership with Simon Passfield of Guildhall Chambers 9th Apr
Practice notes
NoteThis table provides a summary of individual personal and debt management processes from a dispute resolution perspective. Name of processNature of...
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9th Apr
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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8th Apr
Practice notes
This Practice Note contains a summary of individual voluntary arrangements (IVAs) and their impact on legal proceedings from a dispute resolution...
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8th Apr
Practice notes
Before the hearing of the creditors’ bankruptcy petition takes place, there are a number of steps that must be taken to comply with the procedural...
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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 Tom Shepherd of 4 New Square and Paul Allen of FRP Advisory LLP 8th Apr
Practice notes
Bankruptcy in England and Wales is the process whereby an individual is found to be insolvent, and that they should enter a formal process allowing...
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8th Apr
Practice notes
This Practice Note is a summary of bankruptcy and its impact on legal proceedings from a dispute resolution perspective.Coronavirus (COVID-19)This...
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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
Bankruptcy in England and Wales is a process by which the court or the bankruptcy adjudicator adjudicates an individual bankrupt by making a...
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8th Apr
Practice notes
IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...
Read More >
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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8th Apr
Practice notes
General duties of the trustee in bankruptcyThe main function and duty of a trustee in bankruptcy (trustee) is to get in, realise and distribute the...
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30th Mar
Practice notes
This glossary explains many of the terms commonly used in the restructuring & insolvency market. Terms contained in the definitions themselves that...
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25th Mar
Practice notes
The purpose of a bankruptcy order is two-fold:•first, it is to secure the bankrupt's estate for the benefit of the bankrupt's creditors so that it can...
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23rd Feb
Q&As
Although bankruptcy petitions are designed to be relatively straightforward, they are subject to many technical requirements, and failing to comply...
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Produced in partnership with Amy Proferes of Serle Court 15th Feb
Q&As
In this Q&A, we have assumed that B’s claim is smaller than A’s.Legal process against the companyUnder paragraph 43(2) of Schedule B1 to the...
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15th Feb
Q&As
In answering this Q&A, a judgment creditor is not barred from presenting a bankruptcy petition at court based on the judgment once the six-year...
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4th Dec

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