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...
Produced in partnership with Christopher Brockman of Enterprise Chambers Note: This Precedent should be used in conjunction with an application notice template that...
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...
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...
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...
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...
In any insolvency situation, there are a number of parties involved that require legal advice and, in certain circumstances, parties with common interests may choose to...
When either a company or an individual is served with a statutory demand, the warning bells should be ringing, as failure to act on that demand within 21 days (for...
Dissolution marks the end of a company’s life. It constitutes the formal termination of a company as a legal entity and for insolvency purposes ends the insolvency...
A receiver generally acts as agent of the mortgagor in collecting income from and disposing of the assets in respect of which the receiver has been appointed. This...
This Practice Note sets out guidance as to what happens when: • proceedings have been commenced against a company and a winding-up petition is presented against the...
BREXIT IMPACT: The availability of the Societas Europaea (SE) in the UK will be affected by Brexit. For further details on the impact of Brexit, see Practice Note:...
This Practice Note sets out the consequences and effect of the making of a winding-up order by the court on a creditor’s winding-up petition. The Insolvency (England and...
Produced in partnership with Christopher Brockman of Enterprise Chambers Court Reference No:[ INSERT COURT REF. NUMBER] [IN THE HIGH COURT OF JUSTICE BUSINESS AND...
Opposing a winding-up petition Establishing a debt There is no requirement to serve a statutory demand on a company before presenting a winding-up petition in respect of...
For the key terminology used in respect of a just and equitable winding-up petition, see Practice Note: Just and equitable winding-up—what it is and when to use it—Key...
A guide to specific terminology used in this Practice Note is provided—see below. What is a just and equitable winding-up under s 122(1)(g) Insolvency Act 1986? A...
FORTHCOMING CHANGES relating to insolvency and tax: Finance Bill 2019–20 introduces provisions where: • with effect for business insolvencies that commence on or after 6...
What are business rates? Business rates are a tax on property used for business purposes. They are charged on most non-domestic properties, such as shops, offices and...
Process and effect 'Liquidation' or 'winding-up' is the process by which the affairs of a company and the company’s existence are brought to an end. When a company is...
When a company or individual is in financial difficulties, a mortgagee will commonly seek to enforce their security by appointing a receiver where they are permitted to...
Produced in partnership with Christopher Brockman of Enterprise Chambers On 6 April 2017, the Insolvency Rules 1986, SI 1986/1925 were revoked and replaced by the...
BREXIT IMPACT: The law as set out in this Practice Note may be affected by Brexit. For further details on the potential impact of Brexit, see Impact of Brexit on overseas...
Reviews in insolvency proceedings A review in insolvency proceedings is where the court revisits and reviews an order already made by it. The review process (in both...
FORTHCOMING CHANGES relating to insolvency and tax: Finance Bill 2019–20 introduces provisions where: • with effect for business insolvencies that commence on or after 6...
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...
ARCHIVED: This Practice Note has been archived and is not maintained. The Insolvency Rules 2016—coming into force and changes The Insolvency (England and Wales) Rules...
ARCHIVED: This Practice Note has been archived and is not maintained. The Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024 were laid before Parliament on...
This Practice Note has been archived and is not maintained. The Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024 were laid before Parliament on 25...
This Practice Note gives guidance as to when it is necessary to apply for a validation order and the procedures to be followed. Why might an application for a validation...
