The appointment of a provisional liquidator
Produced in partnership with Christopher Brockman of Enterprise Chambers
The appointment of a provisional liquidator

The following Restructuring & Insolvency practice note produced in partnership with Christopher Brockman of Enterprise Chambers provides comprehensive and up to date legal information covering:

  • The appointment of a provisional liquidator
  • Coronavirus (COVID-19)
  • Applying for the appointment of a provisional liquidator
  • The application to appoint a provisional liquidator
  • Witness statement in support of the application to appoint a provisional liquidator
  • Service of the application to appoint a provisional liquidator
  • Hearing of the application to appoint a provisional liquidator
  • Order appointing the provisional liquidator
  • Costs and security
  • OR as provisional liquidator
  • More...

The appointment of a provisional liquidator

This Practice Note gives guidance as to when and how to apply for the appointment of a provisional liquidator after the presentation of a petition but before the making of the winding-up order.

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.

Applying for the appointment of a provisional liquidator

The appointment of a provisional liquidator under section 135 of the Insolvency Act 1986 (IA 1986) is very much an application of last resort and one that should only be made after careful consideration of all the relevant evidence and the possible cost consequences to the applicant:

  1. the appointment of a provisional liquidator to a trading company is one of the most serious steps a court can take, since it is likely in many cases to have a terminal effect on the company’s trading life. See Revenue & Customs Commissioners v Rochdale Drinks Distributors.

  2. given the

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