St John's Chambers

This Practice Note, produced in partnership with Natasha, Dzameh, barrister and mediator of St John’s Chambers, looks at the priority of expenses and debts on the winding up (or liquidation) of a limited partnership, and in the separate estate wind-ups of the individual partners (ie what happens when estates of individual limited partners are wound up).

This Practice Note, produced in partnership with Natasha Dzameh, barrister & mediator of St John’s Chambers, sets out how general partnerships enter administration, including the circumstances in which a partnership may enter administration, what administration means for the partnership, how to enter administration (including forms to be used), the process for doing so and the role of the administrator.

This Practice Note, produced in partnership with Natasha Dzame, barrister and mediator of St John’s Chambers, looks at the insolvency priority of expenses and debts on the insolvency of a general partnership. It provides an explanation of the general position and looks at the priority of expenses and debts (also known as waterfall of payments) for a general partnership.

This Practice Note, produced in partnership with Natasha Dzameh, retired barrister and mediator of St John’s Chambers, considers the position of partners in a limited partnership insolvency situation under the Limited Partnerships Act 1907 (LPA 1907). It looks at the position of the individual partners as contributories, as officers of the partnership and as partners.

This Practice Note, produced in association with Natasha Dzameh, barrister and mediator of St John’s Chambers, looks at insolvent limited partnerships. It discusses how partners are treated when the limited partnership enters an insolvency process and how the limited partnership itself is treated in law. It covers limited partners and general partners, what rules apply to insolvencies, the dissolution of the limited partnership, the insolvency of the individual partners, and sets out some key points unique to limited partnerships. It also considers the new category of private fund limited partnerships (PFLPs).

This Practice Note, produced in partnership with Natasha Dzameh, barrister & mediator of St John’s Chambers, sets out the position of partners when a general partnership becomes insolvent. It deals with various alternative scenarios where the partners themselves are bankrupt as well as the firm, or where only the firm itself is insolvent, or where an individual partner only is bankrupt. It discusses the partner’s liability in various differing situations.

This Practice Note, produced in association with Natasha Dzameh, barrister & mediator of St John’s Chambers, sets out how a general partnership may be wound up (or liquidated) as an unregistered company, including the circumstances in which the partnership may be wound up, what winding-up (or liquidation) means for the partnership and the individual partners (and whether it leads to bankruptcy), how to commence the winding-up (including forms to be used), the process for doing so and the role of the liquidator.

ARCHIVED: This Precedent is an application notice required for an order for registration of judgment under Regulation (EC) 44/2001, Brussels I. The application notice is court form N244. A case study of a part completed application notice is also available to show what information to provide and what boxes to tick. Information specific to the matter, such as the names of parties, etc will also need to be added in. This application notice is to be used in conjunction with precedents: Witness statement supporting recognition and enforcement of judgment under Brussels I and Draft order for registration of judgment under Brussels I for which links are provided.

ARCHIVED: This is a case study of the application notice required when seeking an order for registration of judgment under Regulation (EC) 44/2001, Brussels I. It uses court form N244 and shows a part-completed form aimed at highlighting the information you will need to provide. This is intended to be used in conjunction with court form N244 and Precedents: Witness statement supporting recognition and enforcement of judgment under Brussels I and Draft order for registration of judgment under Brussels I for which links are provided.

ARCHIVED: This Precedent and associated drafting notes provide wording for the section of a defence in which the jurisdiction of the English court is disputed on the basis of a choice of law clause/jurisdiction agreement in favour of the courts of another EU Member State. The relevant regulation relied on is Regulation (EU) 1215/2012, Brussels I (recast). This regulation is referred to in the CPR as the Judgments Regulation and so as this is before the English courts the regulation is referred to as the Judgments Regulation in this Precedent.

This Precedent and associated drafting notes set out the orders the court may make following a successful application for an order declaring that the service of the claim form without the permission of the court was ineffective.

This Precedent and associated drafting notes are for an order for registration of judgment under Regulation (EC) 44/2001, Brussels I. The precedent can be used in conjunction with precedent: Witness statement supporting recognition and enforcement of judgment under Brussels I.

This Drafting Note provides assistance in completing an application notice to dispute the court’s jurisdiction on the basis that the service of the claim form without the permission of the court was ineffective.

ARCHIVED: This Precedent and associated drafting notes provide wording and guidance for a claimant’s reply in cases in which the jurisdiction of the courts of England and Wales are disputed by the defendant on the basis of a choice of law clause/jurisdiction agreement in favour of the courts of another EU Member State. The relevant regulation relied on is Brussels I (recast) Regulation (EU) 1215/2012.

This Precedent and associated Drafting Notes are for use by the respondent when opposing an application for recognition and enforcement of a judgment under Regulation (EC) 44/2001, Brussels I. It can be adapted for use in an application to appeal an order for recognition and enforcement where the respondent was not informed that such an order was being sought.

This Precedent and associated drafting notes are for use by an applicant seeking recognition and enforcement of a foreign court judgment under Regulation (EC) 44/2001, Brussels I. Such applications are very much fact specific but the drafting notes are designed to sign post issues that need to be addressed.