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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 Document review content

Practice notes
The title register—contents, effect and conclusiveness of registrationThe registerEach individual register consists of a property register, a...
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9th Aug
Q&As
What does ‘substantially the whole’ mean in the context of a QFC appointment?Where is it relevant?Paragraph 14(1) of Schedule B1 to the Insolvency Act...
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1st Aug
Q&As
As a trustee in bankruptcy are there any steps which can be taken to prevent a mortgagor from appointing an LPA receiver?The power to appoint a...
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Produced in partnership with Natalie Brown of Radcliffe Chambers 1st Aug
Q&As
What are the consequences of a winding up petition on a proposed restructuring?STOP PRESS: From 6 April 2017, the Insolvency Rules 1986, SI 1986/1925...
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1st Aug
Q&As
If a company is no longer at its registered office, how do you serve a statutory demand on it?For the purpose of answering this Q&A, we have not...
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1st Aug
Q&As
Can a liquidator or administrator able to sell a property which is subject to a restriction on the proprietorship register at HM Land Registry without...
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1st Aug
Q&As
If the ‘mortgagor’ under the relevant charge is four persons and the demand is only sent to three of the four relevant parties, is the subsequent...
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1st Aug
Q&As
Is there any recourse against the Royal Courts of Justice if the Central Registry of winding-up petitions gives an incorrect response?We have been...
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1st Aug
Q&As
How do I find out whether a statutory demand or bankruptcy petition has been served on an individual for personal insolvency by a creditor?Statutory...
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1st Aug
Q&As
What power does a liquidator have to challenge the validity of a fixed charge over the company in liquidation’s property?General powers of a...
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31st Jul
Q&As
If a borrower disposes of an asset subject to a floating charge that has been crystallised, what claims does the lender have?Crystallisation of a...
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Produced in partnership with Peter Susman of Henderson Chambers 31st Jul
Q&As
When dealing with an insolvent estate, do registered charges (ie mortgages) take priority over debts secured by restrictions (ie County Court judgment...
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Produced in partnership with Chris Adams of Gosschalks 31st Jul
Q&As
My finance document has been executed, but one of the required signatories has signed in the wrong place. What should I do?A properly drafted finance...
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31st Jul
Q&As
Can a mortgagee redeem a prior ranking mortgage and if so in what circumstances?Does a mortgagee have the right to redeem a prior ranking...
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31st Jul
Q&As
I've just noticed that a transaction document which has already been executed contains an error. What can I do to correct this?For the purposes of...
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31st Jul
Practice notes
Avoiding invalid floating charges under section 245 of the Insolvency Act 1986Avoiding floating charges—the conditions requiredUnder section 245 of...
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31st Jul
Practice notes
The effect of insolvency on guaranteesWhat is a guarantee?A guarantee is an agreement between one person/entity (the guarantor) and another...
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31st Jul

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