Injunctive relief for insolvency practitioners
Produced in partnership with Frances Coulson of Wedlake Bell LLP

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

  • Injunctive relief for insolvency practitioners
  • Background
  • Freezing orders (Mareva Injunctions) and Proprietary Injunctions
  • Problems and limitations
  • New types of assets
  • Information
  • Practical issues
  • Outside England and Wales
  • Delay
  • Search orders (Anton Piller Orders)
  • More...

Injunctive relief for insolvency practitioners

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 useful; generally, in claims intended to recover assets (or evidence) in a corporate or personal insolvency, which are properly due to the insolvent estate and where there is a real risk of those assets (or evidence) being disposed of, or put beyond the reach of the IP, who is bringing a claim.

Interim injunctions are very much at the discretion of the judge who will consider, in addition to any special factors, three main questions:

  1. is there a serious issue to be tried?

  2. are damages

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