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 Hardwicke 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 moratorium, the implementation procedure, challenges to PVAs and completion or termination of them.
This Checklist provides practical guidance on making and administering a statutory declaration in insolvency proceedings using video conference technology in the light of the coronavirus (COVID-19) pandemic.
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