Individual insolvency processes for dispute resolution practitioners

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Practice notes
Discharge by frustrationCoronavirus (COVID-19): In addition to the below content on force majeure generally, see also:•Coronavirus (COVID-19)...
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19th May
Practice notes
Summary assessment—statement of costsSummary assessment is the procedure whereby costs are assessed by the judge who has heard the case or application...
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19th May
Practice notes
Damages in tort claims—recovery and assessmentThis Practice Note considers what damages may be available as remedy for claims in tort, including...
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Produced in partnership with Lina Mattsson of Hardwicke Chambers 19th May
Practice notes
Negligence—when does a duty of care arise?This Practice Note considers one of the first questions to ask when faced with a prospective claim in...
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Produced in partnership with Professor Richard A Buckley 19th May
Practice notes
Early Neutral Evaluation (ENE)This Practice Note explains what early neutral evaluation (ENE) is. It provides guidance on the interpretation and...
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19th May
Practice notes
Costs orders—payment and enforcementThis Practice Note deals with provisions for the payment of costs orders. It considers the differences depending...
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Produced in partnership with David Willink of Lamb Chambers 19th May
Practice notes
Filing the defenceThis Practice Note sets out the considerations when seeking to file a defence.For guidance on drafting a defence, see Practice...
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19th May
Practice notes
Restitution for unjust enrichment—elements of the claimWhat is unjust enrichment and when is it used?A claim based on unjust enrichment is one which...
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19th May
Precedents
[insert name and address of claimant or claimant’s legal representative][insert date]Without prejudice—save as to costsDear [insert organisation...
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Produced in partnership with David Juckes, Barrister of Hailsham Chambers 19th May
Practice notes
Limitation—professional negligence claimsThis Practice Note looks at the limitation period for professional negligence (prof neg) claims and explains...
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19th May
Practice notes
Making an additional claim under CPR 20—counterclaim, defence to counterclaim and reply to defence to counterclaimThis Practice Note provides guidance...
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19th May
Practice notes
Challenging court jurisdiction—application under CPR 11 (timing and extensions of time)This Practice Note considers the time limits for making an...
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19th May
Practice notes
Economic tort of unlawful interferenceAs set out in The economic torts—overview, the law makes provision to protect a person’s trade or business from...
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19th May
Precedents
IntroductionThis application in the Commercial Court should be made using Form N244(CC): Application notice—Commercial Court (Form N244(CC))...
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19th May
Practice notes
Instructing an expert under the Guidance for the instruction of experts in civil claimsThis Practice Note should be considered in conjunction...
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19th May

Most recent Individual insolvency processes for dispute resolution practitioners content

Q&As
Is there a limit to the time frame to apply to lift a stay on proceedings? Does this differ for insolvency proceedings?General (ie non-insolvency...
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1st Aug
Q&As
What costs is a creditor likely to encounter in order to seek a bankruptcy order, assuming that a statutory demand has already been personally served...
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Produced in partnership with Amy Proferes of Serle Court 1st Aug
Q&As
How, if at all, does payment of part of the debt stated affect a statutory demand for the purpose of presenting a bankruptcy petition?What is a...
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1st Aug
Q&As
Is the court’s permission required before presenting a bankruptcy petition where the judgment on which the bankruptcy petition is based is more than...
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1st Aug
Q&As
A is in administration and owes a sum to B. B owes a sum to A. What steps can B take?In this Q&A, we have assumed that B’s claim is smaller than...
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31st Jul
Q&As
What are the restrictions on the bankrupt regarding awards of damages for financial mis-selling?The position will depend on whether the cause of...
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31st Jul
Practice notes
Comparison table of personal insolvency processes for dispute resolution practitionersNoteThis table provides a summary of individual personal and...
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31st Jul
Practice notes
The immediate effects of a bankruptcy order on the bankruptThe purpose of a bankruptcy order is two-fold:•first, it is to secure the bankrupt's estate...
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31st Jul
Practice notes
Personal insolvency for dispute resolution practitioners: individual voluntary arrangements (IVAs)This Practice Note contains a summary of individual...
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31st Jul
Practice notes
How to effect service of a creditor's bankruptcy petition on the debtor and what happens if service cannot be effectedOnce the bankruptcy petition and...
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31st Jul
Practice notes
What effect does an insolvency process have on ongoing litigation and arbitration proceedings?This Practice Note discusses:•the effect of an...
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31st Jul
Practice notes
Unwinding unlawful transactions in bankruptcyGeneral duties of the trustee in bankruptcyThe main function and duty of a trustee in bankruptcy...
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31st Jul
Practice notes
Creditors' bankruptcy petitions—grounds and documents required for presentationBankruptcy in England and Wales is a process by which the court or the...
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31st Jul
Practice notes
Challenging an individual voluntary arrangement (IVA)Coronavirus (COVID-19)This content contains guidance on subjects impacted by the Coronavirus Act...
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Produced in partnership with Tom Shepherd of 4 New Square and Paul Allen of FRP Advisory LLP 31st Jul
Practice notes
Coronavirus (COVID-19)—Changes to the court process in insolvency proceedingsThe UK Government’s policy of social distancing in order to slow the...
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31st Jul
Practice notes
Personal insolvency for dispute resolution practitioners: bankruptcyThis Practice Note is a summary of bankruptcy and its impact on legal proceedings...
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31st Jul
Practice notes
Debt relief orders (DROs)What is a DRO?DROs are 'a new and simplified way of wiping the slate clean for debtors who are too poor to go bankrupt.'A DRO...
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Produced in partnership with Simon Passfield of Guildhall Chambers 31st Jul
Practice notes
Disputed bankruptcy petitionsCoronavirus (COVID-19)This content contains guidance on subjects impacted by the Coronavirus Act 2020 and related changes...
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30th Jul

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