Insolvency litigation

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Practice notes
RecapitalisationsThe term 'recapitalisation' refers to a company changing the proportions of its debt and equity, something which can be achieved in a...
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Produced in partnership with Alice Morgan of Sidley Austin LLP 19th May
Practice notes
Key elements of a standstill agreementWhen restructuring is considered rather than formal insolvency proceedings (see Practice Note: Benefits of...
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19th May
Practice notes
What is a pre-pack administration sale?Stop pressOn 8 October 2020, the Insolvency Service published the outcome of its review conducted into the...
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19th May
Practice notes
Cashflow and balance sheet tests for insolvencyIntroductionThis Practice Note will give a basic overview of the applicable tests for cashflow and...
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Produced in partnership with South Square Chambers 19th May
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
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
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
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
The CVA proposal and procedure—the position under the Insolvency (England and Wales) Rules 2016The company voluntary arrangement (CVA) proposal will...
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Produced in partnership with KPMG and Lexa Hilliard QC of Wilberforce Chambers 19th May
Practice notes
Insolvency set-off—the position under the Insolvency (England and Wales) Rules 2016IntroductionSet-off refers to claims that may be set-off against...
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Produced in partnership with South Square Chambers and BDO 19th May

Most recent Insolvency litigation content

Practice notes
Inquiry into a company's dealings (including by way of private examination) under section 236 of the Insolvency Act 1986Information about the...
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Produced in partnership with Roger Laville of Five Paper 26th Jul
Precedents
Witness statement in support of an application for permission for substituted or alternative service of insolvency proceedingsApplicant: [insert...
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23rd Jul
Precedents
Letter before action from a trustee in bankruptcy in respect of a proposed application to court seeking an order for possession and sale of the...
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23rd Jul
Practice notes
Business and Property CourtsCoronavirus (COVID-19)The guidance detailing normal practice set out in this Practice Note may be affected by measures...
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23rd Jul
Practice notes
What effect does an insolvency process have on ongoing litigation and arbitration proceedings?This Practice Note discusses:•the effect of an...
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23rd Jul
Practice notes
Ways in which an IP can fund litigation and investigations where there are no assets in the estateFunding concernsIn considering whether to institute...
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Produced in partnership with Joseph Carney of Three Stone 23rd Jul
Practice notes
Summary judgment and strike out in insolvency proceedingsSummary judgmentSummary judgment (SJ) decides a claim or one or more issues in the claim...
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Produced in partnership with Paul Wright of 9 Stone Buildings 23rd Jul
Precedents
Witness statement in support of an application for permission to serve insolvency proceedings out of the jurisdictionOther than in the court heading,...
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Produced in partnership with Poppy Rimington-Pounder of Radcliffe Chambers 23rd Jul
Precedents
Creditor funding agreementParties1[[name of company in liquidation] (In Liquidation) (‘the Company’) of [Company’s address;] OR [individual's name] in...
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Produced in partnership with Three Stone 23rd Jul
Precedents
Pre-commencement notice of funding where a pre-6 April 2016 conditional fee agreement is in placeThe potential Claimant hereby gives notice of the...
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Produced in partnership with Paul Wright of 9 Stone Buildings 23rd Jul
Q&As
Can all court documents be signed electronically? Is the position different in respect of insolvency proceedings?CPRThe CPR 5.3 states:'5.3 Signature...
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23rd Jul
Practice notes
Starting an appeal—general provisionsCoronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by...
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22nd Jul
Practice notes
Escheat, bona vacantia and disclaimer by the CrownEscheatParamount lordship of the CrownThe principle which underlies the doctrine of escheat is a...
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22nd Jul
Practice notes
Trial witness statements in the Business and Property Courts under CPR PD 57ACIntroductionThis Practice Note sets out the requirements for witness...
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22nd Jul
Practice notes
Evidence and evidence gathering—public examination of the bankruptUnder section 15 of the Bankruptcy Act 1914 (the predecessor to the Insolvency Act...
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Produced in partnership with Graham McPhie of Wedlake Bell 22nd Jul
Practice notes
CE-File—electronic filing and case management in the Rolls Building and other courtsSTOP PRESS: This Practice Note is being reviewed in light of the...
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22nd Jul
Practice notes
CE-File—introduction to electronic filing in the Rolls Building and other courtsSTOP PRESS: This Practice Note is being reviewed in light of the 133rd...
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22nd Jul
Practice notes
No deal Brexit—service of documents [Archived]ARCHIVED: This Practice Note covers the situation where the UK and the EU do not reach an agreement for...
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22nd Jul

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