Wilberforce Chambers

Experts

8

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Andrew Mold
Wilberforce Chambers
Daniel Lewis
Barrister
Wilberforce Chambers
Emily Campbell
Barrister
Wilberforce Chambers
Iain Pester
Wilberforce Chambers
James McCreath
Wilberforce Chambers
Jamie Holmes
Barrister
Wilberforce Chambers
Lexa Hilliard
Wilberforce Chambers
Thomas Robinson
Wilberforce Chambers
Contributions by Wilberforce Chambers Experts

21

Challenging the approval of a CVA—unfair prejudice, material irregularity: the position under The Insolvency (England and Wales) Rules 2016
Challenging the approval of a CVA—unfair prejudice, material irregularity: the position under The Insolvency (England and Wales) Rules 2016
Practice notes

This Practice Note, produced in partnership with Lexa Hilliard QC of Wilberforce Chambers, discusses the remedies for creditors if they wish to challenge a company voluntary arrangement (CVA). We discuss the potential grounds for doing so including unfair prejudice or material irregularity, and the process to file a challenge.

Effect of a moratorium in a company voluntary arrangement (CVA) on creditors and the company [ARCHIVED]
Effect of a moratorium in a company voluntary arrangement (CVA) on creditors and the company [ARCHIVED]
Practice notes

This Practice Note, reflects the position maintained up to 25 June 2020 before the coming into force of the Corporate Insolvency and Governance Act 2020 (CIGA 2020), and is for historic purposes only. Its is produced in partnership with Lexa Hilliard QC of Wilberforce Chambers, looks at what effect a moratorium (or stay) on proceedings within a company voluntary arrangement (CVA) can have on the company, and on preventing creditors from taking action against the company, plus the effect of breaching the moratorium.

Failure of the company voluntary arrangement (CVA)
Failure of the company voluntary arrangement (CVA)
Practice notes

This Practice Note, produced in partnership with Lexa Hilliard QC of Wilberforce Chambers, looks at what constitutes a failed company voluntary arrangement (CVA) and what happens when a CVA comes to an end prematurely (ie terminates or is terminated or fails) and has not been implemented fully. It considers what happens to the CVA’s assets and whether they are held on trust. It also considers the effect of a subsequent liquidation/winding-up and how the CVA’s supervisor can petition for winding-up.

In what circumstances can a CVA be proposed and by whom?
In what circumstances can a CVA be proposed and by whom?
Practice notes

This Practice Note, produced in partnership with Lexa Hilliard QC of Wilberforce Chambers, looks at when a company voluntary arrangement (CVA) can be proposed, by whom, the proposal and nominee, the legal nature of a CVA, why CVAs were introduced, its stand-alone procedure, who can use them, and what they can be used for.

In what circumstances can a CVA provide a moratorium?: the position under The Insolvency (England and Wales) Rules 2016 [ARCHIVED]
In what circumstances can a CVA provide a moratorium?: the position under The Insolvency (England and Wales) Rules 2016 [ARCHIVED]
Practice notes

This Practice Note reflects the position maintained up to 25 June 2020 before the coming into force of the Corporate Insolvency and Governance Act 2020 (CIGA 2020), and is for historic purposes only. Its is produced in partnership with Lexa Hilliard QC of Wilberforce Chambers, describes when a company subject to a company voluntary arrangement (CVA) can obtain a moratorium from proceedings (or stay of proceedings), including which companies are eligible for protection (ie small companies) and the procedure for obtaining the moratorium.

Information to the nominee of a company voluntary arrangement (CVA)
Information to the nominee of a company voluntary arrangement (CVA)
Practice notes

This Practice Note, produced in partnership with Lexa Hilliard QC of Wilberforce Chambers, looks at the information which must be given to the nominee of a company voluntary arrangement (CVA) in order to consider the CVA proposal and produce their report. It covers cases where the nominee is the current administrator/liquidator and where there is no liquidator/administrator in place.

Power to modify the proposal before creditors’ approval
Power to modify the proposal before creditors’ approval
Practice notes

This Practice Note, produced in partnership with Lexa Hilliard QC of Wilberforce Chambers looks at what powers there are to modify the company voluntary arrangement (CVA) proposal, and considers the relevant SIP guidelines.

Remuneration and expenses of nominee or supervisor of a Company Voluntary Arrangement (CVA)
Remuneration and expenses of nominee or supervisor of a Company Voluntary Arrangement (CVA)
Practice notes

This Practice Note, produced in partnership with Lexa Hilliard QC of Wilberforce Chambers, discusses how a nominee or supervisor of a company voluntary arrangement (CVA) is remunerated, including the basis (eg time based or fixed fee) and the process for obtaining remuneration.

Role, powers, functions and duties of nominee of company voluntary arrangements
Role, powers, functions and duties of nominee of company voluntary arrangements
Practice notes

This Practice Note, produced in partnership with Lexa Hilliard QC of Wilberforce Chambers, details the role of the nominee of a company voluntary arrangement (CVA), what powers they have in carrying out their role, and what they must do in execution of their role.

Role, powers, functions and duties of the nominee and supervisor of an individual voluntary arrangement (IVA)
Role, powers, functions and duties of the nominee and supervisor of an individual voluntary arrangement (IVA)
Practice notes

This Practice Note, produced in partnership with Lexa Hilliard QC of Wilberforce Chambers, looks at the roles, powers, functions and duties of a nominee and supervisor in relation to a debtor’s individual voluntary arrangement (IVA) and the implementation of it.

Role, powers, functions and duties of the supervisor of a company voluntary arrangement
Role, powers, functions and duties of the supervisor of a company voluntary arrangement
Practice notes

This Practice Note, produced in partnership with Lexa Hilliard QC of Wilberforce Chambers, looks at the role of the supervisor in a company voluntary arrangement (CVA), their statutory duties and those arising under the CVA itself, how the duties can be enforced and the vacation of their office.

Secured creditors under a CVA—including effect on guarantees
Secured creditors under a CVA—including effect on guarantees
Practice notes

This Practice Note, produced in partnership with Lexa Hilliard QC of Wilberforce Chambers, discusses the position of secured creditors under a company voluntary arrangement (CVA) and whether they can enforce their security while the CVA is in force.

The effect of a bankruptcy order on an individual voluntary arrangement (IVA), its assets, and the creditors
The effect of a bankruptcy order on an individual voluntary arrangement (IVA), its assets, and the creditors
Practice notes

This Practice Note, produced in partnership with Iain Pester of Wilberforce Chambers, looks what effect a bankruptcy order has on any pre-existing individual voluntary arrangement (IVA) that the bankrupt has entered into with their creditors, including what happens to the assets comprised in the IVA, and the rights of the IVA creditors.

The Pensions Regulator’s Determinations Panel
The Pensions Regulator’s Determinations Panel
Practice notes

This Practice Note focuses on the role of the Determinations Panel of the Pensions Regulator, circumstances in which the Panel will exercise special functions of the Pensions Regulator and relevant procedures and practices. It also looks at the role of the Upper Tribunal, to whom determinations of the Panel may be referred.

The process and effect of approval of a company voluntary arrangement (CVA): the position under the Insolvency (England and Wales) Rules 2016
The process and effect of approval of a company voluntary arrangement (CVA): the position under the Insolvency (England and Wales) Rules 2016
Practice notes

This Practice Note, produced in partnership with Lexa Hilliard QC of Wilberforce Chambers, looks at the process to put in place a company voluntary arrangement (CVA), including the process for approval by creditors, whether the CVA can be modified and to what extent if so, creditors’ voting rights and what happens after the CVA is approved.

Varying the CVA after creditors’ approval
Varying the CVA after creditors’ approval
Practice notes

This Practice Note, produced in partnership with Lexa Hilliard QC of Wilberforce Chambers sets out the limited options available to vary a company voluntary arrangement (CVA) after it has been approved by creditors, who can apply for variation of the CVA and how to vary or amend a CVA.

Chair’s report on company meeting and decision procedure: the position under The Insolvency (England and Wales) Rules 2016
Chair’s report on company meeting and decision procedure: the position under The Insolvency (England and Wales) Rules 2016
Precedents

This Precedent, produced in partnership with Lexa Hilliard QC of Wilberforce Chambers, is the chair's report on the company meeting and decision procedure to approve a company voluntary arrangement (CVA).

Director’s proposal for a CVA
Director’s proposal for a CVA
Precedents

This Precedent, produced in partnership with Lexa Hilliard QC of Wilberforce Chambers, is a director's proposal for a company voluntary arrangement (CVA).

Other Work
Company voluntary arrangement proposal and procedure: the position under the Insolvency (England and Wales) Rules 2016—checklist
Company voluntary arrangement proposal and procedure: the position under the Insolvency (England and Wales) Rules 2016—checklist

This Checklist, produced in partnership with Lexa Hilliard QC of Wilberforce Chambers, sets out an indicative timetable for a company voluntary arrangement (CVA), listing the main steps which must be taken including: giving notice to the nominee, filing the nominee’s report to court, giving notice for members’ and creditors’ decisions, the chairman’s report, the deadline for challenging decisions and the CVA implementation date.

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