Contact us

St Philips Chambers

Experts

8

Filter by: Practice area
Ali Tabari
Ali Tabari
Barrister and mediator
St Philips Chambers
Andrew Charman
Andrew Charman
Barrister
St Philips Chambers
Iqbal Mohammed
Iqbal Mohammed
St Philips Chambers
James Morgan QC
James Morgan QC
St Philips Chambers
Jonathan Gale
Jonathan Gale
St Philips Chambers
Lydia Pemberton
Lydia Pemberton
St Philips Chambers
Marc Brown
Marc Brown
St Philips Chambers
Mirza Ahmad
Dr Mirza Ahmad
St Philips Chambers
Contributions by St Philips Chambers

2

Brussels I (recast)—parallel proceedings (art 29)
Brussels I (recast)—parallel proceedings (art 29)
Practice notes

This Practice Note considers the provisions in Article 29 of Regulation (EU) 1215/2012, Brussels I (recast) which deal with multiple proceedings, specifically parallel proceedings involving the same cause of action and the same parties. The Practice Note considers how the courts deal with these types of proceedings and examples of how such proceedings are dealt with in practice are provided.

Brussels I (recast)—related proceedings (art 30)
Brussels I (recast)—related proceedings (art 30)
Practice notes

This Practice Note considers the position where related proceedings have been commenced in different jurisdictions within the EU and how the courts of the EU Member States will with them. Related proceedings are one type of multiple proceedings, they are proceedings where the proceedings are so closely connected that it is expedient to hear and determine them together to avoid the risk of irreconcilable judgments which would result if separate proceedings were pursued. This Practice Note explains the meaning of ‘related proceedings’ as set out in Article 30 of Regulation (EU) 1215/2012, Brussels I (recast) and explores the different issues the courts may consider when exercising their discretion to stay proceedings. Other types of multiple proceedings are known as Parallel proceedings or lis pendens and are dealt with in Article 29 of Regulation (EU) 1215/2012, Brussels I (recast).

Contributions by St Philips Chambers Experts

16

Applying to lift an order suspending discharge from bankruptcy
Applying to lift an order suspending discharge from bankruptcy
Practice notes

This Practice Note, amended in light of the Insolvency (England and Wales) Rules 2016 by Amit Gupta of St Philips Chambers, looks at the process for a bankrupt to apply for their suspension from discharge to be lifted under rule 10.143 of the Insolvency (England and Wales) Rules 2016, and the factors that the court will take into account when considering such an application.

Bankruptcy restrictions undertakings (BRUs)
Bankruptcy restrictions undertakings (BRUs)
Practice notes

This Practice Note, produced in partnership with Lydia Pemberton of 3PB, sets out what bankruptcy restrictions undertakings (BRUs) are as alternative to bankruptcy restrictions orders, and summarises when and how BRUs are used in practice.

Effect and duration of bankruptcy restrictions orders (BROs)
Effect and duration of bankruptcy restrictions orders (BROs)
Practice notes

This Practice Note, amended in light of the Insolvency (England and Wales) Rules 2016 by Lydia Pemberton of 3PB, considers what effect a bankruptcy restrictions order (BRO) has on an individual, how long a BRO may last for, and how a BRO ceases to have effect.

The Insolvency (England and Wales) Rules 2016—Part 1: Interpretation [Archived]
The Insolvency (England and Wales) Rules 2016—Part 1: Interpretation [Archived]
Practice notes

This Practice Note, produced in partnership with Ali Tabari of St Philips Chambers, is one of a series of Practice Notes, and describes Part 1 of the Insolvency (England and Wales) Rules 2016, SI 2016/1024 in relation to interpretation. This Practice Note summarises what changes to procedure and practice will apply to interpretation following the coming into force of the new rules on 6 April 2017, and also identifies where there are no changes to pre-commencement practice and procedure other than new rule numbers. This Practice Note has been archived and is not maintained.

The Insolvency (England and Wales) Rules 2016—Part 10: Bankruptcy [Archived]
The Insolvency (England and Wales) Rules 2016—Part 10: Bankruptcy [Archived]
Practice notes

ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note, produced in partnership with Ali Tabari of St Philips Chambers, is one of a series of Practice Notes, and describes Part 10 of the Insolvency (England and Wales) Rules 2016, SI 2016/1024 in relation to bankruptcy. This Practice Note summarises what changes to procedure and practice will apply to bankruptcy following the coming into force of the new rules on 6 April 2017, and also identifies where there are no changes to pre-commencement practice and procedure other than new rule numbers.

The moratorium in administration
The moratorium in administration
Practice notes

This Practice Note, produced in partnership with Kate Rogers of Radcliffe Chambers, looks at the moratorium, or stay, that exists in a company administration, the purpose of the moratorium, when it applies, its scope and effect, how to proceed when it is in place, and the factors the court will take into account when faced with an application to lift it. When a company is put into administration there is an automatic stay on the execution or institution of legal process without consent of the administrator or leave of the court. This note looks at the issues surrounding this.

The 'three-year rule' in bankruptcy under section 283A of the Insolvency Act 1986
The 'three-year rule' in bankruptcy under section 283A of the Insolvency Act 1986
Practice notes

This Practice Note, amended in light of the Insolvency (England and Wales) Rules 2016 by Amit Gupta of St Philips Chambers, looks at the 'three-year rule' applicable to bankruptcy cases involving the bankrupt’s main place of residence, which arises under section 283A of the Insolvency Act 1986 and is one of the most important deadlines facing a trustee in bankruptcy.

When can you wind-up a company when the debt is disputed?
When can you wind-up a company when the debt is disputed?
Practice notes

This Practice Note, produced in partnership with Kate Rogers of Radcliffe Chambers, looks at the circumstances in which a debtor company may—or may not—be wound up where the petition debt is disputed on genuine and substantial grounds. Such circumstances include where the debtor company has a counterclaim or cross-claim against the petitioning creditor, and where the debtor is balance sheet solvent but cash flow insolvent.

An assured shorthold tenancy of six months has been granted that contains a clause that says the tenant can only occupy for residential use and purposes only. The tenant runs a breakdown recovery service, and although they carry out no repairs at the property nor do customers go to the property the landlord wishes to serve a section 8 notice and potentially a possession order based on ground 12 of schedule 2 of the Housing Act 1988. Would the tenant basing his truck at the rental property and waiting in the property during business hours waiting on phone calls to rescue broken down drivers be considered business or non residential use?
An assured shorthold tenancy of six months has been granted that contains a clause that says the tenant can only occupy for residential use and purposes only. The tenant runs a breakdown recovery service, and although they carry out no repairs at the property nor do customers go to the property the landlord wishes to serve a section 8 notice and potentially a possession order based on ground 12 of schedule 2 of the Housing Act 1988. Would the tenant basing his truck at the rental property and waiting in the property during business hours waiting on phone calls to rescue broken down drivers be considered business or non residential use?
Q&As

How would you start investigating how to bring a very ancient secure or assured tenancy to an end in the absence of a written tenancy document? If a landlord wants to sell with vacant possession without anyone suggesting a tenant may have rights to resume their occupation or tenancy, is there a prescribed letter or notice that should be served?
How would you start investigating how to bring a very ancient secure or assured tenancy to an end in the absence of a written tenancy document? If a landlord wants to sell with vacant possession without anyone suggesting a tenant may have rights to resume their occupation or tenancy, is there a prescribed letter or notice that should be served?
Q&As

If both a claim and counterclaim are struck out by a judge due to the claimant’s default, is the defendant allowed to resurrect its counterclaim by issuing a new claim?
If both a claim and counterclaim are struck out by a judge due to the claimant’s default, is the defendant allowed to resurrect its counterclaim by issuing a new claim?
Q&As

In drafting Precedent agreements and orders, what is the difference between the effect of the following words, ie is there any one or more which denote a higher level of obligation (or are any of them considered to be more passive than the others): ‘will’ or ‘shall’ or ‘must’? Is there a recognised legal distinction?
In drafting Precedent agreements and orders, what is the difference between the effect of the following words, ie is there any one or more which denote a higher level of obligation (or are any of them considered to be more passive than the others): ‘will’ or ‘shall’ or ‘must’? Is there a recognised legal distinction?
Q&As

In relation to a disposal hearing, is it within the power of the judge to make an order for an injunction under CPR PD 26, 12.4 or is a disposal hearing restricted solely to a monetary award?
In relation to a disposal hearing, is it within the power of the judge to make an order for an injunction under CPR PD 26, 12.4 or is a disposal hearing restricted solely to a monetary award?
Q&As

On an application to make an interim charging order against a beneficial interest final, what is the position on costs if it transpires that a valid disposal of the legal (and beneficial) interest has taken place but was not registered at HM Land Registry? Can a third party, the new owner (who was the previous co-owner) object to the making of the order final, but not pay costs to the creditor that would have been avoided had the charge been registered in the first place?
On an application to make an interim charging order against a beneficial interest final, what is the position on costs if it transpires that a valid disposal of the legal (and beneficial) interest has taken place but was not registered at HM Land Registry? Can a third party, the new owner (who was the previous co-owner) object to the making of the order final, but not pay costs to the creditor that would have been avoided had the charge been registered in the first place?
Q&As

Where a landlord wants to evict a tenant using section 8 notice and the tenant has always paid less than the actual monthly rent does the landlord have to wait until the arrears accumulate to a full two months worth of arrears before he can serve the notice?
Where a landlord wants to evict a tenant using section 8 notice and the tenant has always paid less than the actual monthly rent does the landlord have to wait until the arrears accumulate to a full two months worth of arrears before he can serve the notice?
Q&As

Other Work
Checklist for an income payments order (IPO) and an income payments agreement (IPA)
Checklist for an income payments order (IPO) and an income payments agreement (IPA)

This Checklist, amended in light of the Insolvency (England and Wales) Rules 2016 by Lydia Pemberton of 3PB, sets out the main steps to be taken and requirements to be met in order either for an income payments order (IPO) to be made or income payments agreement (IPA) entered into.

If you expected to see yourself on this page, click here.