Funding of insolvency litigation and investigations

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Practice notes
The Insolvency (England and Wales) Rules 2016, SI 2016/1024 (IR 2016) provide for a revised scheme for decision making in insolvency from 6 April...
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Produced in partnership with Richard Bowles 12th Jan
Practice notes
IntroductionThis Practice Note will give a basic overview of the applicable tests for cashflow and balance sheet insolvency under section 123 of the...
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Produced in partnership with South Square 12th Jan
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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9th Nov
Practice notes
Creditors are often keen to establish proprietary claims as they create rights in rem (which attach to the property itself) rather than personal...
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9th Nov
Practice notes
The Court of Appeal has made it clear in JCAM that a moratorium cannot be obtained through the back door by filing a notice of intention to appoint an...
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Produced in partnership with Lexa Hilliard QC of Wilberforce Chambers 12th Jan
Practice notes
This Practice Note looks at equitable accounting, what it is, how and when it applies. It does not look at how the trustee in bankruptcy (trustee)...
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9th Nov
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
It is possible for a claim to be brought under section 423 of the Insolvency Act 1986 (IA 1986) against a company or individual following a...
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9th Nov
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
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
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
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...
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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...
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9th Nov

Most recent Funding of insolvency litigation and investigations content

Practice notes
Funding concernsIn considering whether to institute a claim, aside from consideration of the merit of the claim, two particular issues present...
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Produced in partnership with Joseph Carney of Three Stone 9th Apr
Practice notes
ARCHIVED: this archived Practice Note is not maintained and is for background information purposes only. Further, some of the links may not direct you...
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8th Apr
Practice notes
If dealing with personal injury cases, see: PI and clinical negligence developments—overview.For information on discussions to be had with your client...
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8th Apr
Precedents
Parties1[[name of company in liquidation] (In Liquidation) (‘the Company’) of [Company’s address;] OR [individual's name] in his capacity as...
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Produced in partnership with Three Stone 17th Feb
Q&As
Are success fees recoverable?For conditional fee arrangements (CFAs) entered into prior to 1 April 2013, success fees were recoverable from the other...
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15th Feb
Precedents
Conditional fee agreement for use with an insolvency office-holder on or after 6 April 2016This Agreement is made on [date]Parties:1[Company Name]...
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Produced in partnership with Mike Pavitt of Paris Smith LLP and Stephen Hunt of Griffins 14th Feb
Precedents
Conditional fee agreement for use with an insolvency office-holder (pre–6 April 2016)This Agreement is made on [date]Parties:1[Company Name][(in...
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Produced in partnership with Stephen Hunt of Griffins Insolvency Practitioners 8th Jan
Q&As
In relation to the first question, there are no costs incurred prior to the issuing of an application in insolvency proceedings on behalf of an...
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Produced in partnership with Oberon Kwok of Selbourne Chambers 8th Jan
Precedents
The potential Claimant hereby gives notice of the following matters:1CFAThe potential Claimant has entered into a conditional fee agreement which...
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Produced in partnership with Joseph Carney of Three Stone 8th Jan
Q&As
Following the reforms in sections 44–48 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO 2012), which amended section 58 of...
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7th Dec
Q&As
STOP PRESS: From 6 April 2017, the Insolvency Rules 1986, SI 1986/1925 were revoked and replaced by the Insolvency (England and Wales) Rules 2016 (IR...
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29th Nov
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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