Ipso facto clauses definedContracts often contain provisions to the effect that the contracts will terminate upon the bankruptcy or insolvency of one...
DisclaimerUnder sections 178 and 315 of the Insolvency Act 1986 (IA 1986), a liquidator or a trustee in bankruptcy (trustee) has the power to disclaim...
Coronavirus (COVID-19)This content is affected by the coronavirus (COVID-19) pandemic. For further details, take a look at our Coronavirus (COVID-19)...
The Court of Appeal has made it clear in JCAM that a moratorium cannot be obtained through the back door by filing a notice of intention to appoint an...
BrexitBREXIT: The UK is leaving the EU on Exit Day (as defined in the European Union (Withdrawal) Act 2018). This has an impact on this Practice Note....
What is a misfeasance claim under section 212 of the Insolvency Act 1986?Claims commenced under section 212 of the Insolvency Act 1986 (IA 1986) are...
Status of the UKAs of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK...
The powers of the liquidator are set out in Schedule 4, Part III of the Insolvency Act 1986 (IA 1986). The liquidator’s general power to sell is found...
Coronavirus (COVID-19)This content is affected by the coronavirus (COVID-19) pandemic. For further details, take a look at our Coronavirus (COVID-19)...
On 6 April 2017 the Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024 replaced the Insolvency Rules 1986 (IR 1986), SI 1986/1925. For...
Advantages of MVLA members’ voluntary liquidation (MVL) is a much-used, versatile process as the timing and strategy of the liquidation is initially...
A notice of dissolution takes place after the liquidator has provided the members of the company and the Registrar of Companies with a final account,...
If a company has been dissolved, and therefore removed from the Register of Companies, for any action to be brought against the company, the company...
A company limited by guarantee is a company whose members have contributed to the assets of the company in the event of it being wound up. Rather than...
A party who has the intention to attend the hearing, must give written notice to the petitioning creditor or their solicitors, in accordance with Rule...
Where an appointment or nomination of any person to the office of liquidator relates to more than one person or has the effect that the office is to...
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