The court process in insolvency proceedings

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Practice notes
Ipso facto clauses definedContracts often contain provisions to the effect that the contracts will terminate upon the bankruptcy or insolvency of one...
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Produced in partnership with Liz Downing of Skadden Arps Slate Meagher & Flom LLP 12th Jan
Practice notes
STOP PRESS: This Practice Note is being updated for the Corporate Insolvency and Governance Act 2020 (CIGA 2020), which introduces a new insolvency...
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Produced in partnership with Stephen Allinson 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
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
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
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
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
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
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
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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Produced in partnership with South Square and BDO LLP 12th Jan

Most recent The court process in insolvency proceedings content

Practice notes
IntroductionThis Practice Note considers the disclosure pilot scheme which applies across the Business and Property Courts as of 1 January 2019. The...
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16th Apr
Practice notes
IntroductionThis Practice Note sets out the requirements for witness statements for use at trials in the Business and Property Courts that are signed...
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15th Apr
Practice notes
This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your...
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15th Apr
Practice notes
The UK Government’s policy of social distancing in order to slow the spread of coronavirus (COVID-19) has prompted temporary new working rules in...
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12th Apr
Practice notes
Coronavirus (COVID-19)The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and...
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9th Apr
Practice notes
ARCHIVED: This Practice Note has been archived and is not maintained. The Insolvency (England and Wales) Rules 2016, SI 2016/1024 (IR 2016) were laid...
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Produced in partnership with James Morgan QC and Marc Brown of St Philips Chambers, and Matthew Weaver of Radcliffe Chambers 9th Apr
Practice notes
ARCHIVED: This Practice Note has been archived and is not maintained. The Insolvency (England and Wales) Rules 2016, SI 2016/1024 (IR 2016) were laid...
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Produced in partnership with Peter Shaw, QC of 9 Stone Buildings 9th Apr
Practice notes
The Supreme Court is the final court of appeal in the UK. It hears cases of the greatest public or constitutional importance and plays an important...
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9th Apr
Practice notes
This Practice Note has been archived and is not maintained.The IR 2016, SI 2016/1024 were laid before Parliament on 25 October 2016 and are in force...
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Produced in partnership with Ali Tabari 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
Precedents
Precedent H is a court form and a costs budget must be in the form of Precedent H annexed to CPR PD 3E unless the court orders otherwise. This...
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9th Apr
Practice notes
ARCHIVED: This Practice Note covers the situation where the UK and the EU do not reach an agreement for the enforcement of judgments following the UK...
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Produced in partnership with Angharad Parry of 20 Essex Street 8th Apr
Practice notes
ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note considers the impact that Brexit will have on the service of...
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8th Apr
Practice notes
This Practice Note sets out in table format those costs orders the court will most commonly make in proceedings before trial and their general effect,...
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8th Apr
Practice notes
ARCHIVED: This Practice Note covers the situation where the UK and the EU do not reach an agreement for the service of documents following the UK...
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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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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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8th Apr
Practice notes
Court fees are payable in connection with commencing certain insolvency processes, and commonly during an insolvency process (usually against...
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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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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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8th Apr

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