Phillip Patterson

This Practice Note, produced in partnership with Phillip Patterson of Gatehouse Chambers, considers the appointment of a receiver over property that is subject to a trust. It considers the situation where the property may be held by a partnership and where the security has been granted by a third party. It also looks at: trusts of land, joint tenancy and tenancy in common, how to spot a situation where there is a trust, how to overreach the beneficial interest, the ‘two trustee’ rule and insolvent trustees and beneficiaries.

This Practice Note looks at the issues that practitioners should consider if a party to a personal injury claim has been made bankrupt or insolvent. With some limited exceptions, a personal injury claim cannot be made by or against a bankrupt or insolvent party without the agreement of the trustee in bankruptcy, the administrator or the court. Practical guidance is provided on what bankruptcy and insolvency involves and the potentially significant implications for a personal injury claim. It also provides tips on how to identify an insolvent party.

This Practice Note, produced in partnership with Phillip Patterson of Gatehouse Chambers, looks at partnership voluntary arrangements (or PVAs) for general partnerships, what they are, who can propose one, the role of the insolvency practitioner as nominee and supervisor, the implementation procedure, challenges to PVAs and completion or termination of them.

This Q&A considers whether a defendant can bring a Part 20 counterclaim against an additional party where that additional party is a limited company subject to a company voluntary arrangement and whether there is a prohibition against Part 20 counterclaims against insolvent companies.

This Q&A considers how a winding-up order has to be served on the debtor company's registered office.

This Q&A considers how members of a company in member voluntary liquidation can summon/requisition a general meeting of the company for the purposes of removing the liquidator of the company.

This Q&A considers the process of making an application to extend the period for delivery of charges to the Registrar and any changes made to the process during the coronavirus (COVID-19) pandemic.

This Q&A considers whether an open common-law offer, made by one party, has been rejected or if it is still capable of being accepted after the common-law offer is followed by a without prejudice save as to costs (WPSATC) offer by the other party.

This Q&A considers whether a party to a dispute could be blocked (by way of an injunction from a court) in order to prevent a potential corporate defendant from seeking to liquidate in order to avoid costly litigation anticipated against it.

This Q&A considers whether a UK company registered outside of England and Wales could have a statutory derivative claim brought on its behalf in the English and Welsh courts pursuant to sections 260–264 of the Companies Act 2006?

This Q&A considers what happens to assets in a bankruptcy estate post-discharge of the bankruptcy, and whether they remain vested in the trustee in bankruptcy indefinitely.

This Q&A considers the situation where the claimant failed to serve the acknowledgment of service form with the Part 8 claim form.

This Q&A considers whether it is permissible for the solicitor administering a statutory declaration by video conference to be connected to the solicitor advising the person making the declaration.

This Checklist provides practical guidance on making and administering a statutory declaration in insolvency proceedings using video conference technology.