Navigate the complexities of dispute resolution within the insolvency framework. Access essential insights and detailed guidance tailored for practitioners handling contentious insolvency matters. Equip yourself with the strategies and knowledge to effectively manage insolvency litigation, ensuring you can deliver robust advice and achieve successful outcomes for your clients.
Role, powers, functions and duties of a liquidatorThe role and function of a liquidatorA liquidator is the officer appointed when a company goes into...
What is a statutory declaration of solvency, and what happens if a false declaration of solvency is madeCoronavirus (COVID-19)This content is affected...
Bonds and notesThe terms ‘bonds’ and ‘notes’ are used interchangeably (and there is no legal difference between the terms), though notes tend to be...
Obtaining Official Copies from HM Land RegistryThis Practice Note provides guidance in obtaining official copies of the entries on the title of a...
Limitation periods applicable to insolvency claimsLimitation periods refer to the time during which a claim may be brought.The law on limitation periods is set out in the Limitation Act 1980 (LA 1980) which makes provisions in respect of different causes of action.In an insolvency context, claims
Avoiding invalid floating charges under section 245 of the Insolvency Act 1986Conditions to avoid floating chargesUnder section 245 of the Insolvency Act 1986 (IA 1986), floating charges are invalid if certain conditions are satisfied.By way of summary, a floating charge will be avoided if:•the
Rule 1.35(2)(b) of the Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024 states that an application notice must state the section of the Insolvency Act 1986 (IA 1986) or paragraph of a Schedule to the IA 1986 or the number of the IR 2016 rule under which it is made. What are the
Misfeasance claims under section 212 of the Insolvency Act 1986What is misfeasance?A claim under section 212 of the Insolvency Act 1986 (IA 1986) operates where a person caught by the section has:•misapplied, retained or become accountable for any money or other property of the company•breached any
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