This Practice Note, produced in partnership with Sarah Clarke of Hardwicke, looks at the long awaited Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024 which were published and laid before parliament on 25 October 2016. It summarises the key features of the IR 2016. This Practice Note has been archived and is not maintained.
This Practice Note, produced in partnership with Sri Carmichael and Sarah Clarke of Hardwicke Chambers, covers appeals against orders made in civil directors’ disqualification proceedings in England and Wales. It looks at when an appeal may be made, what court to bring the appeal in, and the process to be followed.
This Practice Note outlines the regulators’ approach to enforcement through criminal proceedings. It introduces section 380 of the Financial Services and Markets Act 2000, as well as areas such as who is pursued when there is a concern around unauthorised business and remedial activity such as freezing or restraining orders and orders for administration or winding up. It provides examples of actions case law and links to the relevant provisions of the Enforcement Guide. This Practice Note should be read in conjunction with the Practice Note on the Unauthorised Business and the approach to enforcement —civil proceedings. This is part of a set of Practice Notes that provide a guide through the aspects of the unauthorised business regime. The series unpicks an area that can be complex and provides easy to understand direction on this increasingly important area of litigation.
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