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

Q&As
Is it permissible for a creditor to make an application to court for permission to issue proceedings against a company in a company voluntary...
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31st Jul
Q&As
Can an order be made against a bankrupt requiring them to remove tipped material from a site within a twelve-month period? And if so, does it matter...
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Produced in partnership with David Sawtell of 39 Essex Chambers 31st Jul
Practice notes
Corporate insolvency for dispute resolution practitioners: members' voluntary liquidationThis Practice Note is a summary of the key points relating to...
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31st Jul
Practice notes
The moratorium in administrationThe moratorium is at the very heart of the administration process, which is seen as one of the key tools for a company...
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Produced in partnership with Kate Rogers of Radcliffe Chambers 31st Jul
Practice notes
Comparison table of personal insolvency processes for dispute resolution practitionersNoteThis table provides a summary of individual personal and...
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31st Jul
Practice notes
Corporate insolvency for dispute resolution practitioners: receivershipThis Practice Note refers to:•the Insolvency Act 1986 as IA 1986•the Law of...
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31st Jul
Practice notes
Corporate insolvency for dispute resolution practitioners: administrationThis Practice Note refers to the Insolvency Act 1986 as IA 1986.NoteThis...
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31st Jul
Practice notes
Corporate Insolvency and Governance Act 2020—restrictions on ipso facto clausesBackground to the Corporate Insolvency and Governance Act 2020 (CIGA...
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31st Jul
Practice notes
Comparison table of corporate insolvency processes for dispute resolution practitionersThis Practice Note refers to the Insolvency Act 1986 as IA...
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30th Jul
Precedents
Letter to administrator requesting consent to bring proceedings against a company in administration[insert name, address and contact...
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30th Jul
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 of 4 Stone Buildings and Karl Anderson of 4 Stone Buildings 30th Jul
Q&As
It is assumed that the reference to the ‘Hague Convention’ is to the Hague Service Convention, concluded as part of the Hague Conference on Private...
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Produced in partnership with Ryan Hocking of Hardwicke Chambers 8th Jan
Q&As
Assumption: it is assumed that you have already advised the court that you will serve the claim form rather than choosing the default position that...
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Produced in partnership with Lauren Godfrey of Hardwicke Chambers 8th Jan

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