Funding of insolvency litigation and investigations

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Practice notes
Joint office-holder appointmentsAll insolvency processes allow for the joint appointment of office-holders if required. Whether it is appropriate or...
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19th May
Practice notes
Statements of Insolvency Practice (SIPs)—a quick guideWhat are Statements of Insolvency Practice?Insolvency practitioners (IPs) are required to comply...
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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
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
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
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
Transactions defrauding creditors—claims under section 423 of the Insolvency Act 1986It is possible for a claim to be brought under section 423 of the...
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19th May
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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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
Practice notes
What is a statutory demand?This Practice Note looks at what a statutory demand is and what it seeks to achieve in both corporate and personal...
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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
Practice notes
Covenant waivers and resetsOne of the initial signs of distress is usually a covenant breach by the company. The lenders may agree to a simple waiver,...
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19th May
Practice notes
Basic introduction to super senior, senior, mezzanine and junior debtThe range of funding options open to companies has exploded, resulting in a vast...
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19th May

Most recent Funding of insolvency litigation and investigations content

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
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
Precedents
Conditional fee agreement for use with an insolvency office-holder on or after 6 April 2016Conditional fee agreement for use with an insolvency...
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Produced in partnership with Mike Pavitt of Paris Smith LLP and Stephen Hunt of Griffins 15th Jul
Precedents
Conditional fee agreement for use with an insolvency office—holder (pre-6 April 2016) [Archived]Conditional fee agreement for use with an insolvency...
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Produced in partnership with Stephen Hunt of Griffins Insolvency Practitioners 15th Jul
Practice notes
Conditional fee agreements—definition and requirementsIf dealing with personal injury cases, see: PI and clinical negligence developments—overview.For...
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15th Jul
Q&As
In insolvency proceedings where a conditional fee arrangement and insurance policy were taken out in February 2016, is there a requirement to serve...
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6th Jun
Q&As
Can a claimant recover a success fee under a conditional fee arrangement (CFA) or after-the-event insurance premium in insolvency cases?Following the...
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5th Jun
Q&As
Are success fees provided for in conditional fee agreements (CFAs) recoverable from the bankrupt in possession and sale proceedings?STOP PRESS: From 6...
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5th Jun
Q&As
Are costs incurred prior to the issuing of an application in insolvency proceedings on behalf of an insolvency office-holder recoverable even if the...
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Produced in partnership with Oberon Kwok of Selbourne Chambers 5th Jun
Practice notes
Jackson final costs report [Archived]ARCHIVED: this archived Practice Note is not maintained and is for background information purposes only. Further,...
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5th Jun
Practice notes
Brexit: The UK's departure from the EU on exit day, ie Friday 31 January 2020, has implications for practitioners considering security for costs. For...
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26th Sep

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