Q&As

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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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20th Oct
Practice notes
Welcome to the world of restructuring and insolvencyRestructuring and insolvency covers a variety of different processes and tools designed to achieve...
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15th Oct
Practice notes
This Practice Note discusses:•the effect of an insolvency process on pending court proceedings in which the debtor, bankrupt or insolvent company is a...
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15th Oct
Practice notes
Administration is a procedure designed to give an entity breathing space, with a view to either a rescue or a restructure or to allow for a better...
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15th Oct
Practice notes
The moratorium is at the very heart of the administration process, which is seen as one of the key tools for a company rescue or restructure of the...
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Produced in partnership with Kate Rogers of St Philips Chambers 15th Oct
Practice notes
This Practice Note looks at what a statutory demand is and what it seeks to achieve in both corporate and personal insolvency. It assumes that the...
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15th Oct
Practice notes
This Practice Note covers the process of disclaimer and the steps to be taken to disclaim. For guidance on what disclaimer is and what can be...
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Produced in partnership with Robert Hantusch of Three Stone 15th Oct
Practice notes
This Practice Note sets out guidance as to what happens when:•proceedings have been commenced against a company and a winding-up petition is presented...
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Produced in partnership with Eleanor Holland and Karl Anderson of 4 Stone Buildings 15th Oct
Practice notes
What is a misfeasance claim under section 212 of the Insolvency Act 1986?Claims commenced under section 212 of the Insolvency Act 1986 (IA 1986) are...
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13th Oct
Practice notes
The order of distribution of a company’s assets in administration is found in the Insolvency Act 1986 (IA 1986) and the Insolvency (England and Wales)...
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Produced in partnership with Robert Avis of XXIV Old Buildings 12th Oct
Practice notes
LiquidationThe order of distribution in liquidation, following the realisation of security by secured creditors (other than those with floating...
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Produced in partnership with South Square 12th Oct
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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5th Oct
Practice notes
Definition of property and some general principlesProperty is defined very widely in section 436 of the Insolvency Act 1986 (IA 1986), and includes...
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26th Sep
Practice notes
It is a long-established principle that winding-up proceedings should not be commenced where the petition debt is genuinely disputed on substantial...
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26th Sep
Practice notes
When restructuring is considered rather than formal insolvency proceedings (see Practice Note: Benefits of restructuring over formal proceedings) the...
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25th Sep
Practice notes
One of the main functions of the trustee in bankruptcy (trustee) is, in accordance with section 305(2) of the Insolvency Act 1986 (IA 1986), to get...
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25th Sep

Most recent Q&As content

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 28th Sep
Q&As
It is assumed that the reference to the ‘Hague Convention’ is to the Hague Service Convention, concluded as part of the Hague Conference on Private...
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Produced in partnership with Ryan Hocking of Hardwicke Chambers 28th Sep
Q&As
At the time of publishing, the Master of the Rolls has issued three updates (numbers 116–118) which modify provisions of the CPR to reflect the impact...
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Produced in partnership with Sarah Clarke of Hardwicke Chambers 28th Sep
Q&As
Assumption: it is assumed that you have already advised the court that you will serve the claim form rather than choosing the default position that...
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Produced in partnership with Lauren Godfrey of Hardwicke Chambers 28th Sep
Q&As
What is the doctrine of frustration?If the contract does not include a force majeure clause or it does but the applicable force majeure event is not...
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28th Sep
Q&As
Many businesses are closing their offices or recommending their staff work from home in an attempt to slow the spread of coronavirus (COVID-19). This...
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28th Sep
Q&As
SummaryAlthough there is no reported authority directly considering this issue, it seems clear that handing over share certificates and transfers...
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Produced in partnership with Robin Kingham of Gough Square Chambers 28th Sep
Q&As
This Q&A considers a scenario where:•there is a business-to-business commercial contract which is not subject to specific industry or sector...
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Produced in partnership with XXIV Old Buildings 28th Sep
Q&As
Privity of contract'Privity of contract' is a common law doctrine, which provides that you cannot either enforce the benefit of, or be liable for any...
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28th Sep
Q&As
Why are material adverse change (MAC) clauses in the spotlight?The coronavirus (COVID-19) outbreak has already caused some businesses to fail and...
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28th Sep
Q&As
Crystallisation of floating chargesA floating charge may Crystallize by operation of law or it may Crystallize in accordance with a contract....
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28th Sep
Q&As
Registration of charge with Companies HouseCompanies Act 2006, s 859A (CA 2006) requires that any charge created by a company be registered with...
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Produced in partnership with Peter Susman of Henderson Chambers 28th Sep
Q&As
No, a guarantee does not have to be executed as a deed. A guarantee can be executed as a deed or as an agreement in English law.A guarantee does have...
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28th Sep
Q&As
What is a retention of title clause?At its simplest, a retention of title clause allows the seller to retain title to goods which it has delivered to...
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28th Sep
Q&As
The first thing you need to do is insert the correct date in the document which has been incorrectly dated. It is important that the date on the...
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28th Sep
Q&As
Does a mortgagee have the right to redeem a prior ranking mortgage?This is a fairly complicated area but in short there will be situations in which a...
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28th Sep

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