Witness statement in support of a fraudulent trading application under sections 213 and 246ZA of the Insolvency Act 1986
Witness statement in support of a fraudulent trading application under sections 213 and 246ZA of the Insolvency Act 1986

The following Restructuring & Insolvency precedent provides comprehensive and up to date legal information covering:

  • Witness statement in support of a fraudulent trading application under sections 213 and 246ZA of the Insolvency Act 1986

The Small Business, Enterprise and Employment Act 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.

Applicant: [insert initials and surname]: 1st: (exhibits).1–4: [insert date] 20[insert year]

Court Reference No: [INSERT COURT REF. NUMBER]

[IN THE HIGH COURT OF JUSTICE

BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [INSERT LOCATION]]

INSOLVENCY AND COMPANIES LIST (ChD)

OR

IN THE COUNTY COURT AT [INSERT LOCATION]

[ BUSINESS AND PROPERTY COURTS LIST]

OR

IN THE HIGH COURT OF JUSTICE

CHANCERY DIVISION

[INSERT LOCATION] DISTRICT REGISTRY]

IN THE MATTER OF [INSERT COMPANY NAME]

AND IN THE MATTER OF THE INSOLVENCY ACT 1986

  1. [Insert name of the liquidator]        Applicant

  1. And

  1. [Insert name(s) of the respondent(s)]        Respondent(s)

Witness statement of [Insert name of the liquidator], liquidator of [Insert name of the company

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