Claims against insolvent companies and individuals

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Practice notes
DisclaimerUnder sections 178 and 315 of the Insolvency Act 1986 (IA 1986), a liquidator or a trustee in bankruptcy (trustee) has the power to disclaim...
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9th Nov
Practice notes
One of the initial signs of distress is usually a covenant breach by the company. The lenders may agree to a simple waiver, which cures a temporary...
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9th Nov
Practice notes
Coronavirus (COVID-19)This content contains guidance on subjects impacted by the Coronavirus Act 2020 and related changes to court procedures and...
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9th Nov
Practice notes
This Practice Note looks at:•the key features of loan to value (LTV) covenants•possible issues with calling an event of default based on a LTV...
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Produced in partnership with Alexander Pelopidas, James Walton and Matthew Brew of Rosling King LLP 12th Jan
Practice notes
This Practice Note covers receivers who are appointed by the court, including the circumstances in which a court will appoint a receiver and who may...
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Produced in partnership with John Hughes of Shakespeare Martineau LLP 12th Jan
Practice notes
A demand for payment is a formal demand made in accordance with the contractual requirements underpinning the liability which the party issuing the...
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Produced in partnership with James Hannant of Guildhall Chambers 12th Jan
Precedents
Court Reference No: [INSERT COURT REF. NUMBER][IN THE HIGH COURT OF JUSTICEBUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [INSERT...
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9th Nov
Practice notes
The purpose of section 216 of the Insolvency Act 1986Section 216 of the Insolvency Act 1986 (IA 1986) is aimed at preventing phoenix companies from...
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9th Nov
Practice notes
IntroductionSet-off refers to claims that may be set-off against other claims. A set-off is the right of one party, Party A, who is owed money by...
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Produced in partnership with South Square and BDO LLP 12th Jan
Practice notes
BrexitBREXIT: The UK is leaving the EU on Exit Day (as defined in the European Union (Withdrawal) Act 2018). This has an impact on this Practice Note....
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9th Nov
Practice notes
DIP financing generallyDebtor-in-possession financing (DIP financing) is new, post-petition financing provided to a debtor in a bankruptcy case. The...
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Produced in partnership with Liz Downing of Skadden Arps Slate Meagher & Flom LLP 12th Jan
Practice notes
What is a misfeasance claim under section 212 of the Insolvency Act 1986?Claims commenced under section 212 of the Insolvency Act 1986 (IA 1986) are...
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9th Nov
Practice notes
This Practice Note looks at independent business reviews (IBRs) and aims to:•provide high level guidance around an IBR•identify when an IBR may be...
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Produced in partnership with Allan Kelly of RSM 12th Jan
Practice notes
Coronavirus (COVID-19)This content contains guidance on subjects impacted by the Coronavirus Act 2020 and related changes to court procedures and...
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9th Nov
Practice notes
Coronavirus (COVID-19)This content contains guidance on subjects impacted by the Coronavirus Act 2020 and related changes to court procedures and...
Read More >
Produced in partnership with South Square and BDO LLP 12th Jan
Practice notes
Coronavirus (COVID-19)This content contains guidance on subjects impacted by the Coronavirus Act 2020 and related changes to court procedures and...
Read More >
9th Nov

Most recent Claims against insolvent companies and individuals content

Practice notes
This Practice Note contains a summary of the key points relating to compulsory liquidation from the perspective of a dispute resolution...
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9th Apr
Practice notes
This Practice Note refers to:•the Insolvency Act 1986 as IA 1986, and •the Companies Act 2006 as CA 2006NoteThis guide is a summary of schemes of...
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9th Apr
Practice notes
This Practice Note refers to the Insolvency Act 1986 as IA 1986.This guide is a summary of company voluntary arrangements (CVAs) and their impact on...
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9th Apr
Practice notes
NoteThis Practice Note is a summary of the key points relating to a creditors' voluntary liquidation (CVL) from a dispute resolution perspective.What...
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9th Apr
Practice notes
This Practice Note refers to the Insolvency Act 1986 as IA 1986.NoteThis Practice Note contains a summary of the key points relating to administration...
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9th Apr
Practice notes
This Practice Note is a summary of the key points relating to a members' voluntary liquidation (MVL) from a dispute resolution perspective.What is a...
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9th Apr
Practice notes
NoteThis table provides a summary of individual personal and debt management processes from a dispute resolution perspective. Name of processNature of...
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9th Apr
Practice notes
This Practice Note refers to the Insolvency Act 1986 as IA 1986.NoteThis table provides a summary of the key corporate insolvency processes from a...
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9th Apr
Practice notes
This Practice Note refers to:•the Insolvency Act 1986 as IA 1986•the Law of Property Act 1925 as LPA 1925•the Senior Courts Act 1981 as SCA 1981•the...
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9th Apr
Practice notes
Coronavirus (COVID-19)This content is affected by the coronavirus (COVID-19) pandemic. For further details, take a look at our Coronavirus (COVID-19)...
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Produced in partnership with Kate Rogers of St Philips Chambers 9th Apr
Q&As
The first point to note is that service in accordance with the provisions of Regulation (EC) 1393/2007, the Service Regulation is mandatory, and it is...
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Produced in partnership with Ryan Hocking of Hardwicke Chambers 9th Apr
Practice notes
The moratorium is at the very heart of the administration process, which is seen as one of the key tools for a company rescue or restructure of the...
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Produced in partnership with Kate Rogers of St Philips Chambers 8th Apr
Practice notes
This Practice Note contains a summary of individual voluntary arrangements (IVAs) and their impact on legal proceedings from a dispute resolution...
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8th Apr
Practice notes
This Practice Note is a summary of bankruptcy and its impact on legal proceedings from a dispute resolution perspective.Coronavirus (COVID-19)This...
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8th Apr
Practice notes
This Practice Note discusses:•the effect of an insolvency process on pending court proceedings in which the debtor, bankrupt or insolvent company is a...
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8th Apr
Practice notes
Coronavirus (COVID-19)This content contains guidance on subjects impacted by the Coronavirus Act 2020 and related changes to court procedures and...
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Produced in partnership with Eleanor Holland and Karl Anderson of 4 Stone Buildings 8th Apr
Practice notes
The purpose of this Practice Note to is touch on some of the considerations that must be considered where someone wishes to commence a claim against a...
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8th Apr
Precedents
Applicant: [insert initials and surname]: 1st: (exhibits).1–4: [insert date] 20[insert year]Court Reference No: [INSERT COURT REF. NUMBER][IN THE HIGH...
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8th Apr
Precedents
[insert name, address and contact details][reference of author][insert date]To: [insert the name(s) of the administrator(s) and the company or any...
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8th Apr
Precedents
Note: This Precedent should be used in conjunction with an application notice template that complies with the Insolvency (England and Wales) Rules...
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8th Apr

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