Corporate insolvency processes

Corporate insolvency processes guidance:

This Practice Note will give a basic overview of what amounts to an administration expense and some of the case law on this topic. Expenses of an administration are...

Practice Note

Administration is a procedure designed to give an entity breathing space, with a view to either a rescue or a restructure or to allow for a better outcome for all...

Practice Note

This Practice Note addresses what happens in practice after the administrator has come into office, how he is appointed, and what statutory tasks the administrator has to...

Practice Note

Why restore an LLP to the register? When a limited liability partnership (LLP) has been struck off, it may be possible to make an application to the Registrar of...

Practice Note

Appeals: the general position in litigation Appeals in litigation are governed by the CPR part 52 and its practice direction, which from 1 October 2012 consists of CPR PD...

Practice Note

Produced in partnership with Christopher Brockman of Enterprise Chambers Note: This Precedent should be used in conjunction with an application notice template that...

Precedents

No. [insert] of [insert] In the high court of justice BUSINESS AND PROPERTY COURTS FOR ENGLAND AND WALES INSOLVENCY AND COMPANIES LIST (ChD) Companies court In the matter...

Precedents

Date[insert date of appointment] Parties 1 [insert name of Lender] of [insert address][incorporated in England and Wales with company registration number [insert company...

Precedents

DRAFTING FOR BREXIT: For the latest information on the impact of Brexit on the drafting, negotiation and enforceability of this Precedent, see Practice Notes:...

Precedents

This Agreement is made on [insert day and month] 20[insert year] Parties 1 [Insert name of company in administration/liquidation] (in [administration OR liquidation]) a...

Precedents

The receiver’s duty The duty owed by a receiver to a mortgagor when selling a property is the same as that owed by the mortgagee to a mortgagor: • in exercising his power...

Practice Note

Company number: [insert number] [insert company name] [LTD OR PLC] Minutes of a meeting of the board of directors (the Meeting) of [insert full name of company] (the...

Precedents

Company number:[insert company number] [insert company name][LIMITED OR PLC] Minutes of a meeting of the board of directors (the Meeting) of [insert full name of company]...

Precedents

Brexit impact As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an...

Practice Note

Brexit impact As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an...

Practice Note

Brexit impact As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an...

Practice Note

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...

Precedents

Produced in partnership with Lexa Hilliard QC of Wilberforce Chambers This Precedent sets out the position from 6 April 2017. It does not necessarily reflect the position...

Precedents

Grounds to challenge the company voluntary arrangement An application can be made to challenge the approval of a company voluntary arrangement (CVA) on one or both of two...

Practice Note

In Charity Commission for England and Wales v Thrift Urban Housing Ltd, the Charity Commission was successful in its petition to wind up a charity under the Insolvency...

Practice Note

Why restore a company to the register? When a company has been struck off, it may be possible to make an application to the Registrar of Companies to restore that company...

Practice Note

Why restore a company to the register? When a company has been struck off it may be possible for an interested person to make an application to the court to restore it to...

Practice Note

This Practice Note sets out the position from 6 April 2017. It does not necessarily reflect the position pre–6 April 2017. Drafting and serving a statutory demand This...

Practice Note

A company voluntary arrangement (CVA) is a binding contractual agreement between a company and its creditors. A CVA proposal must involve one or both of two things: • an...

Practice Note

In the majority of cases, a winding-up petition is issued by a creditor of the company but there are other circumstances in which a petition can be issued. A petition can...

Practice Note

This Practice Note provides guidance as to the practice and procedure which applies on the winding up of a company (the debtor) pursuant to a creditors’ winding-up...

Practice Note