Administration of joint and separate estates

Produced in partnership with Natasha Dzameh of St John's Chambers
Practice notes

Administration of joint and separate estates

Produced in partnership with Natasha Dzameh of St John's Chambers

Practice notes
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Applicable legislation

The winding-up of a limited partnership proceeds in the same way as the winding up of an ordinary partnership which basically follows the winding-up of an unregistered company (see SI 1994/2421, art 8 and Sch 4 and Practice Note: Winding-up a general partnership as an unregistered company).

The winding-up of any corporate partner and the bankruptcy of any individual partner proceeds in accordance with the usual insolvency provisions, subject to modifications provided for in the Insolvent Partnership Order 1994 (IA 1986, s 136(4) as modified by SI 1994/2421, Sch 4).

The Insolvency (Miscellaneous Amendments) Regulations 2017, SI 2017/1119 apply to modify the regimes applicable to limited partnerships to bring them into line with the insolvency procedures that apply to other entities under various reforms. Importantly for limited partnerships, under SI 2017/1119, the Insolvent Partnerships Order 1994, SI 1994/2421 (IPO 1994) is updated to replace references to ‘the Insolvency Rules 1986’ with ‘the IR 2016’ and also includes amendments to the Company Directors Disqualification Act 1986 (CDDA). For further details, see the

Natasha Dzameh
Natasha Dzameh chambers

Barrister & Mediator, St John's Chambers


Natasha is a specialist commercial and chancery barrister who is consistently ranked as a leading junior in Chambers UK and Legal 500. She has been described as someone who has “a good way with clients” as well as being “an assertive and tenacious advocate”, “very responsive, extremely thorough, pragmatic and easy to work with as part of the team”, “approachable” and “extremely intelligent, with an eye for practical and innovative solutions”.
 
Natasha is often instructed as sole counsel in high value, multifaceted litigation. She has experience of acting as junior to senior counsel on particularly complex matters and working in teams of counsel on large scale, high value, document-heavy government disputes. Her clients range from individuals to major financial institutions and international companies including high street brands.
 
Natasha’s main areas of expertise are:
 
  • Commercial disputes – agricultural, banking and financial (including mis-selling and guarantees), classic cars, construction, equine, hire, insurance, IT and NHS contracts, restoration of historic documents, yachts and superyachts etc.
  • Insolvency – corporate and personal (including partnerships and insolvent estates)
  • Professional Negligence
  • Property Damage and Real Estate
  • Wills, Trusts and Probate – especially will construction, constructive trust and proprietary estoppel claims, estate administration, removal of personal representatives and trustees, inheritance disputes, undue influence and will validity challenges.
 
Natasha is particularly well-placed to assist on matters involving an overlap between her specialisms and she especially enjoys dealing with injunctions.
 
Natasha is an accredited mediator and has also been published in the Trusts and Estates Law & Tax Journal several times.

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Jurisdiction(s):
United Kingdom
Key definition:
Administration definition
What does Administration mean?

Administration is a procedure under the Insolvency Act 1986, under which a company in financial difficulties is run by an Administrator as a going concern prior to the implementation of longer-term options such as break-up and sale.

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