Proof of debt A party wishing to file a claim for their debt in a liquidation, administration or bankruptcy must submit a written claim to the liquidator, administrator or trustee in bankruptcy. The rules applicable to proving a debt under the Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024 are found in IR 2016, SI 2016/1024, r 14.2 to 14.25 regardless of whether the insolvency proceeding in which the proof is made is an administration, winding-up or bankruptcy proceeding. Proofs of debt can be used at two stages of an insolvency procedure. The first is to support a creditor’s right to vote in the decision-making process; either a qualifying decision procedure or a physical meeting of creditors. The second is prior to the declaration and

Whether a planning inspector will determine an appeal on the basis of an application with a red line plan which has been amended since the original application depends on whether the amendments materially change the character of the development. Minor amendments to a site boundary may not be objectionable, but it is a matter of fact and degree as to when such changes

It is assumed that the relevant policy is a contract of indemnity, such as an income protection policy. It is also assumed, since the relevant payments were ‘part-time salary and dividends’ that they were paid by a third party rather than an insurer. The key issue is likely to be whether the policyholder received payment from a third party in diminution of the loss for which it was indemnified by the insurer.

This Q&A assumes that the organisation that has received the SAR is a ‘controller’ of the relevant data. As further explained in Practice Notes: The UK GDPR, DPA 2018 and DUAA 2025 for insurers and Rights of data subjects, Article 15 of the UK GDPR gives individuals a right to obtain confirmation from a data controller as to whether or not personal data concerning them is being processed, and where it is, access to the personal data and certain further information. A request for such information is commonly known as a ‘subject access request’ (or a 'SAR' or 'DSAR'). In order to assist you with your research into points raised in your question, we refer you generally to Practice Note: Rights of data subjects, which outlines among other things: • the scope of the right of data subjects to have access to their personal data • an overview

Section 26 of the Road Traffic Offenders Act 1988 (RTOA 1988) provides the courts with the ability to order an interim disqualification order where, in respect of an offence involving obligatory or discretionary disqualification, a court defers passing sentence or adjourns after convicting but before dealing with the offence. The court ‘may’, when deferring sentence or adjourning, disqualify an offender from driving until he or she has been finally dealt with for sentence (RTOA 1988, s 26(2)). Only one order can be made in respect of the same offence, and in England and Wales, an order will cease to have effect after a maximum of six months (RTOA 1988, s 26(4) and (6)). So, the short answer is that the court may. A question remains whether it properly ought to or not. Formal sentencing guidelines issued to magistrates for relevant driving offences simply suggest that the courts ‘consider’ an interim disqualification. Special reasons A finding of

There is no jurisdiction to make an order for the sale of property on an interim basis while proceedings are pending under section 24A of the Matrimonial Causes Act 1973 (MCA 1973) (per Wicks v Wicks). There are other potential routes available to achieve the objective of meeting mortgage arrears. First, the applicant could make an application for maintenance pending suit in the normal way. See Practice Notes: General principles for maintenance pending suit and Procedure for maintenance pending suit. Secondly, it is possible under the limited circumstances referred to in MCA 1973, s 23(3)(a) to apply for an interim lump sum for meeting reasonable expenses of the applicant before applying for a lump sum

Provided a landlord has served a notice pursuant to section 25 of the Landlord and Tenant Act 1954 (LTA 1954), or the tenant has served a request for a new tenancy pursuant to LTA 1954, s 26, either party may apply for the determination of interim rent pursuant to LTA 1954, s 24A. Such an application may be made where no lease renewal or termination

We have not commented on the tax consequences of any rearrangement. A total intestacy occurs when none of the deceased’s property is disposed of because: • the deceased did not make a Will • the Will was ineffective • the Will was revoked, either expressly or by operation of law or • all the beneficiaries predeceased the testator A partial intestacy arises

We are not aware of any direct authority confirming that an intra-group transfer of an asset between a company (the transferor) and a sister company of the transferor’s parent (the transferee) is (or is not) a distribution falling within the rules governing the making of lawful distributions by a company in Part 23 of the Companies Act 2006 (CA 2006), where both the transferee and the transferor have the same ultimate parent company. Therefore, there is a possibility that a court could view such a transaction as a distribution for these purposes. Definition of distribution CA 2006, s 829 defines ‘distribution’ for the purposes of CA 2006, Pt 23 as every description of distribution of a company's assets to its members, whether in cash or otherwise, subject to the four specific exceptions. These exceptions

A statutory declaration allows an individual to make a legal declaration confirming that something is true for the purposes of satisfying some legal requirement or regulation when no other evidence is available. The standard form of a statutory declaration is: ‘I, AB, of...do solemnly and sincerely declare that...and I make this solemn declaration conscientiously believing the same to be true, and by virtue of the provisions of the Statutory Declarations Act 1835’. Apart from the prescribed

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see Practice Note: What does IP completion day mean for DCM lawyers? [Archived] In this Q&A, it has been assumed that there has been no event of default, and so the notes have not been accelerated. An issuer of bonds is the entity wishing to raise finance in the debt capital markets. The issuer will appoint an agent or (more normally) a group of agents to carry out various administrative duties for it in connection with the issue. One agent will co-ordinate the whole process. The term used to describe this entity

A general power of attorney is granted by way of a written document executed as a deed (section 1(1) of the Powers of Attorney Act 1971. A general power of attorney grants the donee the power to do anything on behalf of the donor that the donor could do itself, subject to the proviso that certain powers cannot be delegated. The general power of attorney may also be limited by its terms, confining the power of the donee to act to certain specified circumstances. Unlike a limited company, which must have a memorandum and articles of association,