Claims against insolvent companies and individuals

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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 Claims against insolvent companies and individuals content

Practice notes
Personal insolvency for dispute resolution practitioners: bankruptcyThis Practice Note is a summary of bankruptcy and its impact on legal proceedings...
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18th Aug
Practice notes
Personal insolvency for dispute resolution practitioners: individual voluntary arrangements (IVAs)This Practice Note contains a summary of individual...
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18th Aug
Practice notes
Claims against companies subject to a company voluntary arrangement (CVA)The purpose of this Practice Note to is touch on some of the considerations...
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17th Aug
Precedents
Witness statement in support of an application for permission to lift the administration moratorium under paragraph 43 of Schedule B1 to the...
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10th Aug
Precedents
Application notice for permission to lift the administration moratorium under paragraph 43 of Schedule B1 to the Insolvency Act 1986Note: This...
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10th Aug
Q&As
I need to serve a claim form in an EU Member State. Given coronavirus (COVID-19), what do I need to think about? What are likely to be barriers in...
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Produced in partnership with Ryan Hocking of Gatehouse Chambers 10th Aug
Q&As
Do the 'ipso facto' provisions of the Corporate Insolvency and Governance Act 2020 apply to a lease, ie is a landlord a supplier of goods or services...
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10th Aug
Practice notes
Corporate insolvency for dispute resolution practitioners: schemes of arrangementThis Practice Note refers to:•the Insolvency Act 1986 as IA 1986, and...
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2nd Aug
Practice notes
Corporate insolvency for dispute resolution practitioners: company voluntary arrangementsThis Practice Note refers to the Insolvency Act 1986 as IA...
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2nd Aug
Q&As
When bringing a claim against a company in liquidation, who is liable if the claim succeeds?When a company goes into liquidation, either the official...
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1st Aug
Q&As
What is the effect on proceedings issued by a creditor against an insolvent estate without prior leave having been obtained?Where an individual dies...
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1st Aug
Q&As
Are litigation costs (incurred prior to liquidation) claimable against the defendant by a liquidator?STOP PRESS: From 6 April 2017, the Insolvency...
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1st Aug
Q&As
Does the stay under section 130(2) of the Insolvency Act 1986 apply to arbitration proceedings where a winding-up order is made against the defendant...
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1st Aug
Q&As
Where a company is wound up in England and Wales in 1984, do the rules regarding the need to seek permission from the court to issue court proceedings...
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1st Aug

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