We have published the following Practice Notes for dispute resolution practitioners:
Corporate insolvency for dispute resolution practitioners: administration—this Practice Note summarises administration from a litigator's perspective. It outlines what administration is, the effect of administration on legal proceedings, the methods of appointment of an administrator, the administrator's role and powers, the process following appointment and ending administration
Corporate insolvency for dispute resolution practitioners: compulsory liquidation—this Practice Note summarises the key features of compulsory liquidation from a litigator's perspective including the effect of compulsory liquidation on legal proceedings, dispositions of company property after the presentation of a winding-up petition, how to wind up a company and when provisional liquidation is appropriate
Corporate insolvency for dispute resolution practitioners: creditors' voluntary liquidation—this Practice Note summarises the key features of a creditors' voluntary liquidation (CVL) from...
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What is the difference between an appeal and a review?What is an appeal?An appeal in insolvency proceedings is no different to an appeal in normal litigation. An appeal will be allowed only if the appeal court is satisfied that the decision of the lower court was 'wrong' or 'unjust because of a
If a beneficiary signs a deed of disclaimer of their share of an estate and the estate pays their legal fees, will that count as a PET against their estate?A disclaimer is the refusal of a gift prior to acceptance. The refusal of the gift must take place before the beneficiary accepts any benefit
Contributory negligence in personal injury claimsContributory negligence is a partial defence which can lead to a discount in damages.Other defences may also be relevant. See Practice Notes: Did the claimant consent to the risk of injury? and Was the claimant involved in an illegal activity?If a
Can shares in a limited company that have not been paid-up at all be cancelled?A limited company having a share capital may not alter that share capital, except in the ways listed in section 617 of the Companies Act 2006 (CA 2006). Shares in a company cannot simply be cancelled without following an
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