Guildhall Chambers

This Practice Note, produced in partnership with James Hannant of Guildhall Chambers, looks at how creditors can challenge the approval of an individual voluntary arrangement (IVA) on the limited grounds that the IVA unfairly prejudices the interests of a creditor and/or that there has been some material irregularity in relation to the creditors’ decision procedure.

This Practice Note, produced in partnership with Simon Passfield KC and James Hannant of Guildhall Chambers, looks at debt relief orders (DROs) which allow eligible debtors with a low income, low amount of debt and low value of assets to apply to the official receiver to be discharged from their qualifying debts after the expiry of one year. A DRO is therefore an alternative process to bankruptcy, and does not result in the realisation of any asset.

This Practice Note, produced in partnership with James Hannant of Guildhall Chambers, considers the practical issues that arise when a lender serves a demand for repayment of a loan on a borrower. It considers what detail the demand letter should contain, case law examples of ‘sufficient time’ and how to reduce the risk of challenge.

This Q&A considers whether the benefit of an overage can be assigned to a third part before liquidation is finalised.

This Q&A deals with the standing of a defendant to challenge a judgment after he has been adjudged bankrupt.

This Q&A considers whether the UK can still bid for EU contracts in light of Brexit.

This Q&A deals with the effect of recent amendments to the Insolvency Act 1986 (IA 1986) which remove the need for an office-holder to obtain sanction to issue certain proceedings.

This Q&A deals with the procedure for entering into creditors’ voluntary liquidation (CVL).