The following Restructuring & Insolvency precedent produced in partnership with Chris Brockman of Enterprise Chambers provides comprehensive and up to date legal information covering:
Note: This Precedent should be used in conjunction with an application notice template that complies with the Insolvency (England and Wales) Rules 2016, SI 2016/1024—see:
(Form IAA) IR 2016, r1.35 VAR Insolvency Act Application Notice
Application notice in insolvency proceedings (corporate)
The Small Business, Enterprise and Employment Act 2015 (SBEEA 2015) allows administrators to bring fraudulent and wrongful trading claims—previously, only liquidators could bring such claims. This change came into force on 1 October 2015, and transitional provisions mean that administrators can only bring fraudulent and wrongful trading claims where the conduct giving rise to the claim occurred on or after 1 October 2015.
This Precedent is drafted from the perspective of a liquidator bringing a fraudulent trading claim under IA 1986, s 213.
Name of company or [debtor OR bankrupt]
[Insert company number]
[Insert name of court]
For court use only
Court case number: [insert court number here]
Type of insolvency proceeding:
[Administration OR Liquidation]
Is this application in insolvency proceedings which are already before the court?
If yes, please provide–
Court reference number for
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