Injunctive relief for insolvency practitioners
Produced in partnership with Frances Coulson of Moon Beever
Injunctive relief for insolvency practitioners

The following Restructuring & Insolvency practice note produced in partnership with Frances Coulson of Moon Beever provides comprehensive and up to date legal information covering:

  • Injunctive relief for insolvency practitioners
  • Coronavirus (COVID-19)
  • Background
  • Freezing order (Mareva Injunction)
  • Problems and limitations
  • Information
  • Practical issues
  • Outside England and Wales
  • Delay
  • Search orders (Anton Pillar Orders)
  • More...

Injunctive relief for insolvency practitioners

Coronavirus (COVID-19)

This content contains guidance on subjects impacted by the Coronavirus Act 2020 and related changes to court procedures and processes as a result of the Coronavirus (COVID-19) pandemic, including the Temporary Insolvency Practice Direction 2020. For further information, see Practice Notes: Coronavirus (COVID-19)—Changes to the court process in insolvency proceedings and The Temporary Insolvency Practice Direction Supporting the Insolvency Practice Direction (April 2021). For related news, guidance and other resources to assist practitioners working on restructuring and insolvency matters, see: Coronavirus (COVID-19)—Restructuring & Insolvency—overview.

Background

There are circumstances where an insolvency practitioner (IP) may require an injunction against a person or entity to either stop them from doing something, or require them to do something, ie preventative or mandatory injunctions. There are areas where injunctive relief is of a type common to litigants generally and then there are areas where the relief is specific to the insolvency regime. There are those which are injunctive in nature but which are dealt with in other Practice Notes and mentioned here. For further reading, see Practice Notes:

  1. Basic principles—the delivery-up of information and property to the insolvency office-holder

  2. Evidence gathering—the preservation of information by an insolvency office-holder, and

  3. Evidence and evidence gathering—public examination of the bankrupt

There are many situations in which IPs will find themselves litigating against others, and where injunctive relief may be

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