Directors and insolvency

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Practice notes
Interference with goods in an insolvency situationApplication to insolvencyFollowing an appointment, an office-holder will need to establish what...
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19th May
Practice notes
Role, powers, functions and duties of a liquidatorCoronavirus (COVID-19)This content is affected by the coronavirus (COVID-19) pandemic. For further...
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19th May
Practice notes
The deemed consent procedure, decision-making procedure, and meetings—the position under the Insolvency (England and Wales) Rules 2016The Insolvency...
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Produced in partnership with Richard Bowles 19th May
Practice notes
Secured creditors under a CVA—including effect on guaranteesNeither the company nor its creditors may approve a company voluntary arrangement (CVA)...
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Produced in partnership with Lexa Hilliard QC of Wilberforce Chambers 19th May
Practice notes
Court-appointed receivers—when a court will appoint a receiver and who may be appointedThis Practice Note covers receivers who are appointed by the...
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Produced in partnership with John Hughes of Shakespeare Martineau LLP 19th May
Practice notes
Practice Direction on Insolvency ProceedingsCoronavirus (COVID-19)This content contains guidance on subjects impacted by the Coronavirus Act 2020 and...
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19th May
Practice notes
Effect on proceedings against a company being wound up and after a winding-up order is madeCoronavirus (COVID-19)This content contains guidance on...
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Produced in partnership with Eleanor Holland and Karl Anderson of 4 Stone Buildings 19th May
Practice notes
Coronavirus (COVID-19)—Changes to the court process in insolvency proceedingsThe UK Government’s policy of social distancing in order to slow the...
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19th May
Q&As
Can a claim be made against a company for trading whilst insolvent? If the company is conducting litigation, does this constitute ‘trading’? If so,...
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19th May
Practice notes
Annulment of bankruptcy ordersThis Practice Note looks at the annulment of bankruptcy orders under section 282 of the Insolvency Act 1986 (IA 1986)...
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19th May
Practice notes
Equitable charges v legal charges—impact on saleabilityThis Practice Note considers the position of a security holder who has an equitable mortgage or...
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Produced in partnership with Jonathan Titmuss of Hardwicke 19th May
Practice notes
Bankruptcy petitions—process and procedureBefore the hearing of the creditors’ bankruptcy petition takes place, there are a number of steps that must...
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19th May
Practice notes
Compulsory winding up of a company—the process and procedureSTOP PRESS: The Corporate Insolvency and Governance Act 2020 contains provisions which, on...
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Produced in partnership with Eleanor Holland and Karl Anderson of 4 Stone Buildings 19th May
Practice notes
Wrongful trading claims under sections 214 and 246ZB of the Insolvency Act 1986What is wrongful trading?Wrongful trading is a claim which arises under...
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19th May
Practice notes
A guide to independent business reviewsThis Practice Note looks at independent business reviews (IBRs) and aims to:•provide high level guidance around...
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Produced in partnership with Allan Kelly of RSM 19th May

Most recent Directors and insolvency content

Practice notes
Misfeasance claims under section 212 of the Insolvency Act 1986What is a misfeasance claim under section 212 of the Insolvency Act 1986?Claims...
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24th Sep
Practice notes
Transactions defrauding creditors—claims under section 423 of the Insolvency Act 1986It is possible for a claim to be brought under section 423 of the...
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23rd Sep
Practice notes
Basic principles—the delivery-up of information and property to the insolvency office-holderThe Insolvency Act 1986 (IA 1986) and Insolvency (England...
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7th Sep
Practice notes
Antecedent transaction claims by an office-holder in liquidation or administrationGeneral duty of liquidators and administrators where there has been...
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7th Sep
Q&As
Is it possible to backdate the ‘effective date’ of when a disqualification undertaking is to start? For example, if the director has not been able to...
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6th Sep
Practice notes
De facto and shadow directorsDefinition of 'director'The Companies Act 2006 (CA 2006) broadly defines a director as 'any person occupying the position...
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26th Aug
Practice notes
How a director of an insolvent company can use a prohibited name and avoid personal liabilityThe purpose of this Practice Note is to:•describe section...
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26th Aug
Practice notes
Prohibited names under section 216 of the Insolvency Act 1986The purpose of section 216 of the Insolvency Act 1986Section 216 of the Insolvency Act...
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26th Aug
Q&As
Is a bankruptcy registrar’s judgment binding on a county court?Judges, Masters and RegistrarsSection 4 of the Senior Courts Act 1981 (SCA 1981)...
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Produced in partnership with Jonathan Edwards of Radcliffe Chambers 18th Aug
Q&As
How do you bring an action against a director under section 216 of the Insolvency Act 1986 (for use of a prohibited name)?STOP PRESS: From 6 April...
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18th Aug
Q&As
When does notice need to be served if you intend to use the exception to rule 4.228(1) in any relation to the Insolvency Act 1986, s 216 concerning...
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18th Aug
Q&As
Can a company serve a statutory demand to an ex-director for payment of a director's loan account?A company may serve a statutory demand to an...
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18th Aug
Q&As
Is a void payment under the Insolvency Act 1986, s 127 available for set-off?STOP PRESS: From 6 April 2017, the Insolvency Rules 1986, SI 1986/1925...
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18th Aug
Practice notes
How to appeal a civil directors' disqualification orderThis Practice Note deals with appeals against orders made in directors’ disqualification...
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Produced in partnership with Sarah Clarke of Gatehouse Chambers and Sri Carmichael of Gatehouse Chambers 18th Aug

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