Property receivership

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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 Property receivership content

Q&As
An LPA receiver is offering a property for sale in an auction. The LPA receiver has received an offer 30% above the guide price. Is the LPA receiver...
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13th Sep
Practice notes
Enforcement—security over landSecurity over land can be taken by way of mortgage or charge with the appropriate form often depending on the...
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9th Sep
Practice notes
Taxation in corporate insolvency—the principal issues in outlineTaxation and insolvencyThere are relatively few specific rules governing the UK...
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Produced in partnership with David L. Irvine of Goodwin, Nathan Langford of Kirkland & Ellis International LLP and Philip Ridgway of Temple Tax Chambers 22nd Aug
Practice notes
Dissolution and bona vacantia—dealing with the Treasury SolicitorBona vacantia means ‘goods without an owner’ and is a relevant consideration where...
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Produced in partnership with Katrina Mather of Gatehouse Chambers 18th Aug
Practice notes
Effect of bankruptcy or liquidation on the position of receiver as agent of the mortgagorA receiver generally acts as agent of the mortgagor in...
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Produced in partnership with Amanda Eilledge of Gatehouse Chambers 18th Aug
Practice notes
Overreaching by a mortgageeOverreaching is a statutory mechanism available to a mortgagee (amongst others) to confer title on the buyer free from...
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Produced in partnership with Amanda Eilledge of Gatehouse Chambers 18th Aug
Practice notes
Preventing strike off and dissolutionThis Practice Note considers the striking off of a company from the register of companies and how to deal with...
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Produced in partnership with Katrina Mather of Gatehouse Chambers 18th Aug
Q&As
What steps can an equitable chargee take to enforce their charge? Question scenarioThis question considers the option open to someone who has signed...
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18th Aug
Practice notes
Receivers—building works and completion of developmentsThis Practice Note considers whether a receiver may carry out building works and in particular...
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Produced in partnership with Jonathan Titmuss of Gatehouse Chambers 18th Aug
Practice notes
Dealing with management companies in an enforcement situationThis Practice Note considers the position of a fixed charge receiver appointed over a...
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Produced in partnership with Jonathan Titmuss of Gatehouse Chambers 18th Aug
Practice notes
Enforcement issues for trust propertyThis Practice Note considers some issues that may arise in the context of the enforcement of security by the...
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Produced in partnership with Jonathan Titmuss of Gatehouse Chambers 18th Aug
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 Gatehouse Chambers 18th Aug
Practice notes
Making a receiver appointment when the mortgagor is the subject of an insolvency procedureWhen a company or individual is in financial difficulties, a...
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Produced in partnership with Amanda Eilledge of Gatehouse Chambers 18th Aug
Practice notes
Liability for invalid appointment of LPA or fixed charge receiverWhy an LPA/fixed charge receiver could be invalidly appointedAn LPA/fixed charge...
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Produced in partnership with John Hughes of Shakespeare Martineau LLP 18th Aug
Practice notes
Procedure relating to appointment of LPA or fixed charge receiver(s)The Law of Property Act 1925 (LPA 1925) enables a mortgagee of a legal mortgage to...
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Produced in partnership with John Hughes of Shakespeare Martineau LLP 18th Aug
Practice notes
Receivers and VATFORTHCOMING CHANGES relating to insolvency and tax: Finance Act 2020 introduces provisions where:•HMRC becomes a secondary...
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Produced in partnership with John Baldry of Temple Tax Chambers 16th Aug
Precedents
Appointment of LPA/fixed charge receiverDate[insert date of appointment]Parties1[insert name of Lender] of [insert address] [incorporated in England...
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10th Aug
Precedents
Demand letter—borrower[To be printed on headed notepaper of the lender making demand]To: [Insert name of individual and/or position][insert name of...
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10th Aug
Precedents
Invitation to appoint a receiver—letter[To be printed on headed notepaper of the company]To: [Name and address of the lender who will appoint the...
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10th Aug
Precedents
Demand letter—guarantor[To be printed on headed notepaper of the lender making demand]To: [Insert name of individual and/or position][insert name of...
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10th Aug

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