The court process in insolvency proceedings

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The court process in insolvency proceedings guidance:

Appeals: the general position in litigation Appeals in litigation are governed by the CPR part 52 and its practice direction, which from 1 October 2012 consists of CPR PD...

Practice Note

The CPR provisions The 59th update to the CPR includes revisions to the provisions relating to appeals. Under these amendments, which came into force on 1 October 2012,...

Practice Note

CPR provisions The 59th update to the CPR included revisions to the provisions relating to appeals. Under those amendments, which came into force on 1 October 2012, CPR...

Practice Note

The 59th update to the CPR included revisions to the provisions relating to appeals. Under those amendments, in force on 1 October 2012, CPR PD 52 was replaced by CPR PD...

Practice Note

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 role in the...

Practice Note

Note: This Precedent should be used in conjunction with an application notice template that complies with the Insolvency (England and Wales) Rules 2016, SI 2016/1024—see:...

Precedents

Note: This Precedent should be used in conjunction with an application notice template that complies with the Insolvency (England and Wales) Rules 2016, SI 2016/1024—see:...

Precedents

APPLICATION NOTICE Form IAA Rule 1.35 of the Insolvency (England and Wales) Rules 2016 Court Reference No. [number] [IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY...

Precedents

This Practice Note outlines the likely impact of the UK leaving the European Union (EU) for dispute resolution practitioners. It summarises the UK’s and EU’s respective...

Practice Note

This Practice Note considers the impact that Brexit will have on the service of court documents within the EU when the UK leaves the EU. It considers the current position...

Practice Note

ARCHIVED: This Practice Note has been archived and is not maintained.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 court documents...

Practice Note

What are the Business and Property Courts? The Business and Property Courts (B&PCs) came into operation on 2 October 2017 as a single umbrella for certain specialist...

Practice Note

Introduction This Practice Note considers the disclosure pilot scheme which applies across the Business and Property Courts as of 1 January 2019. The disclosure pilot...

Practice Note

This Practice Note looks at CE-File electronic working in the courts under CPR PD 51O, in the context of case management. It provides guidance on how to file a document...

Practice Note

This Practice Note is an introduction to CE-File electronic working/electronic filing or e-working/e-filing in the courts under CPR PD 51O, including when and where...

Practice Note

Court Reference No: [INSERT COURT REF. NUMBER] [IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [INSERT LOCATION]] INSOLVENCY AND...

Precedents

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, replicating the...

Practice Note

Court fees are payable in connection with commencing certain insolvency processes, and commonly during an insolvency process (usually against respondents in disputed...

Practice Note

Background There are circumstances where an IP may require an injunction against a person or entity to either stop them from doing something, or require them to do...

Practice Note

STOP PRESS: This Practice Note is under review to consider the impact of the UK and the EU entering into the Withdrawal Agreement. The Withdrawal Agreement provides for a...

Practice Note

STOP PRESS: This Practice Note is under review to consider the impact of the UK and the EU entering into the Withdrawal Agreement. The Withdrawal Agreement provides for a...

Practice Note

Note: This Practice Note is relevant only to Part 36 offers as considered under CPR 36 in force as from 6 April 2015. For guidance on transitional provisions, see...

Practice Note

Brexit impact As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an...

Practice Note

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 (CPR PD 3E, para 6(a)). The form...

Precedents

[IN THE HIGH COURT OF JUSTICE [BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert location]]] [Specify division] [Specify specialist court] [Insert...

Precedents

Reviews in insolvency proceedings A review in insolvency proceedings is where the court revisits and reviews an order already made by it. The review process (in both...

Practice Note

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 guidance, see: Cross...

Practice Note

Opening proceedings When insolvency proceedings are commenced, each process will have its own procedure for serving the relevant documents. The positions for bankruptcy,...

Practice Note

This Practice Note looks at the situation where a respondent in insolvency proceedings is located out of the jurisdiction of England and Wales and must be served by an...

Practice Note

Summary judgment—application by the defendant Summary judgment (SJ) decides a claim or one or more issues in the claim without trial. The Civil Procedure Rules do not...

Practice Note