Restructuring & Insolvency analysis: This judgment confirms that, if a company in members’ voluntary liquidation (MVL) is unable to pay its debts in full together with interest at the official rate within the period stated in the directors’ declaration made under section 89 of the Insolvency Act 1986 (IA 1986), then the company must be placed into creditors’ voluntary liquidation (CVL). There is no solvency test to justify varying this period. The company is already in liquidation and the liquidator has no discretion with regard to having to act under IA 1986, s 95 to convert the MVL to a CVL. Written by Andrew Mace, barrister at Tanfield Chambers.

This Practice Note provides guidance on the procedure for disputing an application for a matrimonial or civil partnership order (other than for nullity) that was issued on or after 6 April 2022. It explains the time limits for filing an acknowledgment of service and an answer and the process for doing so including the process using the online system. It sets out the requirements relating to requests for further information and explains the process for case management hearings, and the procedure for a final hearing. It also considers costs on divorce or dissolution in disputed proceedings. For information regarding nullity proceedings see Practice Note: Disputed nullity proceedings (post-DDSA 2020). The Divorce, Dissolution and Separation Act 2020 (DDSA 2020) came into effect on 6 April 2022 and made significant changes to the provisions in relation to divorce and dissolution of civil partnerships in the Matrimonial Causes Act 1973 (MCA 1973) and the Civil Partnership Act 2004 (CPA 2004). Proceedings issued by the court on or after 6 April 2022 are subject to the provisions

This Practice Note provides guidance on the procedure for disputing an application for a nullity order or nullity of marriage order that was issued on or after 6 April 2022. It explains the time limits for filing an acknowledgment of service and an answer and the process for doing so. It sets out the requirements relating to requests for further information and explains the process for case management hearings, and the procedure for a final hearing. It also considers costs in disputed proceedings. The Divorce, Dissolution and Separation Act 2020 (DDSA 2020) made fundamental amendments to the Matrimonial Causes Act 1973 (MCA 1973) and the Civil Partnership Act 2004 (CPA 2004) in relation to divorce, civil partnership and (judicial) separation proceedings issued on or after 6 April 2022. DDSA 2020 does not make any substantive changes to nullity proceedings. The grounds on which nullity proceedings may be brought remain unchanged and they can still be disputed (formerly referred to as defended proceedings). New procedural rules were required to reflect the legislative reform brought about by

Restructuring & Insolvency analysis: This case concerns a winding-up petition brought in the Insolvency and Companies Court (ICC) and a simultaneous challenge brought to that petition by an application to strike it out on the grounds that the petition debt is disputed. It considers the test for the successful challenge of a petition by dispute. In doing so, it provides helpful guidance on (i) the principles the ICC should follow when examining evidence as to disputed petitions; (ii) the appropriateness of applying the test for summary judgment on disputed petitions; and (iii) the suitability of a full trial under CPR Pt 7 to determine the issues in the case. Written by Stephen Alexander, partner at Mourant and Roxanna Lackschewitz-Martin, associate at Mourant.

When either a company or an individual is served with a statutory demand, the warning bells should be ringing, as failure to act on that demand within 21 days (for debtors based in the jurisdiction of England and Wales) could lead to winding-up and bankruptcy proceedings being commenced against that company or individual, respectively. Where a debt is genuinely due from the debtor to the creditor, then steps should be taken to either pay the debt, or make arrangements with the creditor to settle it, failing which insolvency proceedings could be commenced. There may be situations where a statutory demand is served on the debtor when it should not have been (ie because the debt is not due, or the debtor has a counter/cross-claim which equals or exceeds the creditor's claims, or for some other substantial reason). Where this situation arises, the debtor will need to take urgent steps to ensure that the insolvency proceedings are not commenced. Subject to any time constraints, these steps might include the following: • contacting the creditor to fully set out why

There is a tPR Code of Practice on dispute management and regulation.

Ireland—Property analysis: This article, written by A&L Goodbody’s Disputes and Real Estate Team, notes that in Perfect Stripe Ltd t/a Grafter v Fennell & others [2025] IEHC 585, the Commercial Court refused an interlocutory injunction sought by a tenant to regain possession of three Dublin office buildings from receivers who had taken possession following non-payment of over €3m in rent.

This Practice Note considers disputes over documentary evidence in arbitration proceedings. It should be read, where relevant, in conjunction with Practice Note: Document production in international arbitration—a practical guide. Once each party has submitted the documents it relies on with its initial written submissions in the case (as discussed in Practice Note: The role of documentary evidence in arbitration), there is usually an opportunity for each party to request documents from the other side. That party will then either provide the documents or object to providing them. Common grounds for refusal are: • privilege • the request is too broad and/or is of insufficient relevance to the issues in dispute • the document no longer exists or is not in the party’s control • the request is too onerous either in terms of time or money The parties should try and resolve any disputes themselves but, failing that, they can apply to the tribunal for an order. It is common for a tribunal to order the exchange of requests and objections

Disqualification as a company director following prosecution by Department for Business, Innovation and Skills (DBIS) for misconduct is between two and 15 years.

A clause in the collaborative agreement by which the parties agree that if they are unable to agree matters during the course of the collaborative process and proceedings are issued, they will dispense with the services of their current lawyers and instruct new lawyers.

Private Client analysis: The case concerned an appeal by the appellant (‘Mr Mond) from an order of the Charity Commissioner for England and Wales (‘the Commission’) disqualifying Mr Mond from being a charity trustee or trustee of a charity. This was in exercise of the Commission’s powers under section 181A of the Charities Act 2011 (CA 2011). CA 2011, s 181A gives the Commission power to disqualify a person from being a charitee trustee or trustee of a charitee in relation to all charities or in relation to such charities or classes of charity as may be specified. The basis of Mr Mond’s disqualification had been four social media posts. In allowing the appeal, the tribunal considered the nature of the social media posts, the conduct of Mr Mond and his rights to freedom of expression under Article 10 of the European Convention on Human Rights. Written by Lynne Counsell, barrister at Addington Chambers.

Driving disqualification for any offence Where the Crown Court or a magistrates’ court convicts an offender of any offence it may, instead of or in addition to dealing with the offender in any other way, disqualify the offender from holding or obtaining a driving licence. It has been held that disqualification under this power is appropriate for an offence of affray arising from a road rage incident (R v Bye and R v Ade Tute Sofejum). Disqualification upon conviction of any offence is an additional punishment and a preventive measure available to the court. The court cannot impose a period of disqualification arbitrarily. There must