Full Description
Recent years have seen extensive changes to insolvency practice, precedents, and procedures. Fully updated, Corporate Insolvency Practice is the only comprehensive "how to do it" guide for solicitors and barristers to all the most common court applications in corporate insolvency.
Covering areas as diverse as winding up petitions to administrations to the reuse of company names, this practical and accessible book seeks to give the inside track on what the court will expect both in terms of practice and evidence. It also provides the busy practitioner with the key statutory and practice material for each application as well as sample precedents to illustrate what the finished application notice, order or witness statement might look like.
Packed with precedents, forms, checklists and statutory extracts, Corporate Insolvency Practice ensures you have readily to hand everything you need to prepare and present the most common insolvency applications. The new edition of this title will be an invaluable reference for all practitioners making insolvency applications in the Companies Court:
· deals with the new Insolvency (England and Wales) Rules 2016, the Practice Direction on Insolvency Proceedings 2023 and the new 2025 fees
· includes an extensive range of precedents
· contains the relevant statutory and practice direction extracts; and
· provides a 'how to do it' guide with checklists and new forms.
Contents
Table of Cases
Table of Statutes
Table of Statutory Instruments
Table of Practice Directions and Practice Notes
Table of International Material
Table of Forms and Guides
1 Statutory Demand
Statutory form
Service
Evidence
Notes
Key statutory provisions
Sections 123 and 221 of the Insolvency Act 1986
Rules 1.6 and 7.3 of the Insolvency (England and Wales) Rules 2016
Precedent
1.1 Creditor's statutory demand
2 Creditor's Winding-up petition against a UK-registered Company
Objective
Petition
Evidence
Court Fees
Service
Advertisement (notice of the petition)
Certificate of compliance
The hearing
Key statutory provisions
Sections 122 to 125 and 221 of the Insolvency Act 1986
Rules 7.4 to 7.15 of, and paragraphs 2 and 6 of Schedule 4 to, the Insolvency (England and Wales) Rules 2016
Paragraphs 9.1 to 9.9 of Part Two of the CPR Practice Direction - Insolvency Proceedings
Precedents
2.1 Creditor's winding-up petition
2.2 Statement of truth verifying the winding-up petition
2.3 Advertisement of a winding-up petition
2.4 Certificate of compliance
2.5 List of persons attending
3 Responding to a Creditor's Petition: Notice to Appear at the Hearing of a Petition
Objective
Notice of intention to appear
Service
Company's evidence
Other parties
Key statutory provisions
Rules 7.14 to 7.18 of the Insolvency (England and Wales) Rules 2016
Precedents
3.1 Supporting creditor's notice of intention to appear
3.2 Supporting creditor's application to be substituted as petitioner
3.3 Order that a supporting creditor be substituted as petitioner
4 Responding to a Statutory Demand: Application to Restrain the Presentation of a Petition Objective
Warning letter
Application
Court fees
Service
Evidence
Key statutory provisions
Rules 7.24 and 7.25 of the Insolvency (England and Wales) Rules 2016
Paragraph 3.2 of Part One of the CPR Practice Direction - Insolvency Proceedings
Precedents
4.1 Application for an order restraining the presentation of a
winding-up petition
4.2 Witness statement in support of an application for an order
restraining the presentation of a winding-up petition
4.3 Draft minute of an order made without notice restraining the
presentation of a winding-up petition
5 Responding to a Petition: Application to Restrain the Advertisement of a Petition
Objective
Warning letter
Application
Court fees
Service
Without notice
Evidence
Key statutory provisions
Rules 7.24 and 7.25 of the Insolvency (England and Wales) Rules 2016
Precedents
5.1 Application for an order to restrain advertisement
5.2 Witness statement in support of an application for an order to
restrain advertisement
5.3 Draft minute of an order made without notice restraining the
advertisement of a winding-up petition
5.4 Draft minute of an order made on notice restraining the
advertisement of a winding-up petition
6 Responding to a Petition: Application for a Validation Order
Objective
Application
Court fees
Evidence
Service
Key statutory provisions
Sections 127 to 129 of the Insolvency Act 1986
Practice Direction - Order under section 127 of the Insolvency Act 1986
Paragraph 9.11 of Part Two of the CPR Practice Direction - Insolvency Proceedings
Precedents
6.1 Application for a validation order
6.2 Draft validation order
6.3 Director's witness statement in support of an application for a validation order
6.4 Accountant's witness statement in support of an application for a validation order
7 Application to Rescind a Winding Up Order
Objective
Application
Service
Court fees
Evidence
Key statutory provisions
Rule 12.59 of, and Schedule 5 to, the Insolvency (England and Wales) Rules 2016
Paragraph 9.10 of Part Two of the CPR Practice Direction - Insolvency Proceedings
Precedents
7.1 Application to extend time and rescind the winding up order
7.2 Witness statement in support of an application to extend time and rescind the winding up
8 Winding-up petition on Just and Equitable
Grounds
Objective
Petition
Evidence
Court fees
Service
Advertisement
The hearing
Key statutory provisions
Sections 122(1)(g) and 124 to 125 of the Insolvency Act 1986
Rules 7.25, 7.26, 7.28, 7.29 and 7.31 of the Insolvency (England and Wales) Rules 2016
Paragraph 22 of Part Seven of the CPR Practice Direction - Insolvency Proceedings
Precedent
8.1 Winding-up petition on just and equitable grounds
9 Permission to Act as a Director of a Company with a Prohibited Name
Objective
Application
Court fees
Evidence
Service
The first hearing
Key statutory provisions
Sections 216 and 217 of the Insolvency Act 1986
Rules 1.6, 1.35 and 22.1 to 22.7 of the Insolvency (England and Wales) Rules 2016
Precedents
9.1 Application for permission to act as a director of a company with a prohibited name
9.2 Draft order giving permission to act as a director of a company with a prohibited name
9.3 Witness statement in support of an application for permission to act as a director of a company with a prohibited name
10 Application for an Administration Order
Objective
Application
Court fees
Consent of the proposed administrator
The witness statement
Service on interested parties
The first hearing
Key statutory provisions
Paragraphs 2, 3, 10 to 15 and 37 to 40 of Schedule B1 to the Insolvency Act 1986
Rules 1.6 and 3.3 to 3.15 of, and paragraphs 3 and 6 of Schedule 4 to, the Insolvency (England and Wales) Rules 2016
Precedents
10.1 Administration application notice
10.2 Statement of proposed administrator
10.3 Witness statement in support of an administration order and to dismiss a winding-up petition
10.4 Administration order (dismissing an existing winding-up petition)
11 Application for Directions by an Administrator
Objective
Application
Court fees
Evidence
Service
The first hearing
Key statutory provisions
Paragraph 63 of Schedule B1 to the Insolvency Act 1986
Rules 1.6 and 1.35 of the Insolvency (England and Wales) Rules 2016
Precedents
11.1 Application by the administrator for directions
11.2 Witness statement in support of an application for directions
11.3 Directions
12 Application by an Administrator to Sell Property Subject to Security
Objective
Application
Court fees
Evidence
Service
Order
Key statutory provisions
Paragraphs 70 to 73 and 111 of Schedule B1 to the Insolvency Act 1986
Rules 1.6, 1.35 and 3.49 of the Insolvency (England and Wales) Rules 1986
Precedents
12.1 Application by the administrator for an order permitting the administrator to sell company's property subject to a security
12.2 Witness statement in support of an application for order to sell company's property subject to a security
12.3 Order permitting the administrator to sell company's property subject to a security
13 Application by a Creditor or Member Alleging Unfair Harm by an Administrator
Objective
Application
Court fees
Evidence
Service
The first hearing
Order
Key statutory provisions
Paragraph 74 of Schedule B1 to the Insolvency Act 1986
Rules 1.6 and 1.35 of the Insolvency (England and Wales) Rules 2016
Precedents
13.1 Application by a creditor complaining that the administrator has unfairly harmed him
13.2 Witness statement in support of an application by a creditor complaining that the administrator has unfairly harmed him
13.3 Order on an application by a creditor complaining that the administrator has unfairly harmed him
14 Application by an Administrator to End the Administration
Objective
Application
Progress report
Court fees
Evidence
Notice to the creditors
Notice to the court
Service
The first hearing
Key statutory provisions
Paragraph 79 of Schedule B1 to the Insolvency Act 1986
Rules 1.6, 1.35, 3.57, 3.59, 7.26 and 7.27 of the Insolvency (England and Wales) Rules 2016
Precedents
14.1 Application by the administrator to discharge the administration order
14.2 Witness statement in support of an application by the administrator to discharge the administration order
14.3 Order discharging the administration order
15 Application by a Secured Creditor to Enforce his Security/Bring Proceedings during an Administration
Objective
Application
Court fees
Evidence
Service
Key statutory provisions
Paragraph 43 of Schedule B1 to the Insolvency Act 1986
Rules 1.6 and 1.35 of the Insolvency (England and Wales) Rules 2016
Precedents
15.1 Application for leave to enforce despite the moratorium under an administration
15.2 Witness statement in support of an application for leave to enforce despite the moratorium under the administration
15.3 Order granting leave to enforce despite the moratorium under an administration
16 Application for Leave to Enforce Security or Seek Possession despite a Moratorium on a Partnership Voluntary Arrangement
Objective
Application
Court fees
Evidence
Service
Key statutory provisions
Paragraphs 12 and 20 of Schedule A1 to the Insolvency Act 1986
Rules 1.6, 1.35 and 2.20 of the Insolvency (England and Wales) Rules 2016
Precedents
16.1 Application for leave to enforce despite the moratorium under the partnership voluntary arrangement
16.2 Witness statement in support of an application for leave to enforce despite the moratorium under the partnership voluntary arrangement
16.3 Order granting leave to enforce despite the moratorium under the partnership voluntary arrangement
17 Application to Appeal Decisions Made by the Chairman on a Meeting for a Company Voluntary Arrangement
Objective
Application
Court fees
Service
Evidence
Key statutory provisions
Rules 1.6, 1.35 and 15.33 to 15.35 of the Insolvency (England and Wales) Rules 2016
Precedents
17.1 Application to appeal against a decision by the chairman on a meeting for a company voluntary arrangement
17.2 Witness statement in support of an appeal against a decision by the chairman on a meeting for a company voluntary arrangement
17.3 Order on an application to appeal against a decision by the chairman on a meeting for a company voluntary arrangement
18 Application to Challenge an Act or Decision of the Supervisor in a Company Voluntary Arrangement Background
Application
Court fees
Evidence
Service
The respondent's evidence
Key statutory provisions
Section 7 of the Insolvency Act 1986
Rules 1.6 and 1.35 of the Insolvency (England and Wales) Rules 2016
Precedents
18.1 Application to challenge a decision by a supervisor of a company voluntary arrangement
18.2 Witness statement in support of an application to challenge a decision by a supervisor of a company voluntary arrangement
18.3 Order on an application to challenge a decision by a supervisor of a company voluntary arrangement
19 Application by an Administrative Receiver for an Indemnity by Reason of the Invalidity of his Appointment
Objective
Application
Court fees
Evidence
Service
Key statutory provisions
Section 34 of the Insolvency Act 1986
Rules 1.6 and 1.35 of the Insolvency (England and Wales) Rules 2016
Precedents
19.1 Application by a receiver for an order that his appointer indemnify him against liability by reason of the invalidity of his appointment
19.2 Witness statement in support of an application by an administrative receiver for an order that his appointer indemnify him against
liability by reason of the invalidity of his appointment
19.3 Order that his appointer indemnify him against liability by reason of the invalidity of his appointment
20 Application to Remove an Administrative Receiver from Office
Objective
Application
Court fees
Evidence
Service
Notice
Key statutory provisions
Section 45 of the Insolvency Act 1986
Rules 1.6, 1.35 and 4.18 to 4.21 of the Insolvency (England and Wales)
Rules 2016
Precedents
20.1 Application to remove an administrative receiver from office
20.2 Witness statement in support of an application to remove an administrative receiver from office
20.3 Order to remove an administrative receiver from office
21 Application for a Declaration that a Transaction is Invalidated by Virtue of Section 127 of the Insolvency Act 1986
Objective
Application
Court fees
Service
Evidence
The first hearing
Key statutory provisions
Sections 127 to 129 of the Insolvency Act 1986
Precedents
21.1 Application for a declaration of invalidity of a transfer pursuant to section 127 of the Insolvency Act 1986
21.2 Witness statement in support of an application for a declaration of invalidity of a transfer pursuant to section 127 of the Insolvency
Act 1986
21.3 Declaration of invalidity under section 127 of the Insolvency Act 1986
22 Application to Set Aside a Transfer at an Undervalue
Objective
Application
Court fees
Evidence
Service
The first hearing
Key statutory provisions
Sections 238, 240, 241 and 435 of the Insolvency Act 1986
Rules 1.6 and 1.35 of the Insolvency (England and Wales) Rules 2016
Precedents
22.1 Application for a declaration that a payment is a transaction at an undervalue pursuant to section 238 of the Insolvency Act 1986
22.2 Witness statement to set aside a transaction at an undervalue pursuant to section 238 of the Insolvency Act 1986
22.3 Declaration that a payment is a transaction at an undervalue pursuant to section 238 of the Insolvency Act 1986
23 Application to Set Aside a Preference
Objective
Application
Court fees
Evidence
Service
The first hearing
Key statutory provisions
Sections 239, 240, 241 and 435 of the Insolvency Act 1986
Rules 1.6 and 1.35 of the Insolvency (England and Wales) Rules 2016
Precedents
23.1 Application for a declaration that a payment is a preference pursuant to section 239 of the Insolvency Act 1986
23.2 Witness statement to set aside a preference pursuant to section 239 of the Insolvency Act 1986
23.3 Declaration of a preference pursuant to section 239 of the Insolvency Act 1986
24 Application for a Declaration that the Director has been Engaged in Fraudulent Trading
Objective
Application
Court fees
Service
The first hearing
Evidence
Key statutory provisions
Sections 213, 215, 246ZA and 246ZC of the Insolvency Act 1986
Rules 1.6 and 1.35 of the Insolvency (England and Wales) Rules 2016
Precedents
24.1 Application for a declaration that a director has been engaged in fraudulent trading pursuant to section 216 of the Insolvency
Act 1986
24.2 Witness statement for a declaration of fraudulent trading pursuant to section 213 of the Insolvency Act 1986
24.3 Declaration that a director has been engaged in fraudulent trading pursuant to section 213 of the Insolvency Act 1986
25 Application for a Declaration that the Director has been Engaged in Wrongful Trading
Objective
Application
Court fees
Service
The first hearing
Evidence
Key statutory provisions
Sections 214, 215, 246ZB and 246ZC of the Insolvency Act 1986
Rules 1.6 and 1.35 of the Insolvency (England and Wales) Rules 2016
Precedents
25.1 Application for a declaration that a director has been engaged in wrongful trading pursuant to section 214 of the Insolvency
Act 1986
25.2 Witness statement for a declaration of wrongful trading pursuant to section 214 of the Insolvency Act 1986
25.3 Declaration that a director has been engaged in wrongful trading pursuant to section 214 of the Insolvency Act 1986
26 Application to Set Aside a Transaction Defrauding Creditors
Objective
Claim
Court fees
Evidence
The first hearing
Service
Key statutory provisions
Sections 423 to 425 of the Insolvency Act 1986
Rules 1.6 and 1.35 of the Insolvency (England and Wales) Rules 2016
Precedents
26.1 Claim for a declaration that a payment is a transaction defrauding creditors pursuant to section 423 of the Insolvency Act 1986
26.2 Particular of claim in support of a claim to set aside a fraudulent transaction pursuant to section 423 of the Insolvency Act 1986
26.3 Witness statement to set aside a fraudulent transaction pursuant to section 423 of the Insolvency Act 1986
26.4 Declaration that a payment is a transaction defrauding creditors pursuant to section 423 of the Insolvency Act 1986
27 Application under the Summary Procedure
Objective
Application
Court fees
Service
The first hearing
Evidence
Key statutory provisions
Section 212 of the Insolvency Act 1986
Rules 1.6 and 1.35 of the Insolvency (England and Wales) Rules 2016
Precedents
27.1 Application for a declaration that there has been a breach of duty using the summary remedy under section 212 of the Insolvency
Act 1986
27.2 Witness statement in support of an application for a declaration that there has been a breach of duty using the summary remedy
under section 212 of the Insolvency Act 1986
27.3 Declaration that there has been a breach of duty using the summary remedy under section 212 of the Insolvency Act 1986
28 Private Examinations
Objective
Application
Court fees
Service
Witness statement/grounds
First hearing
Return date
Warrant for arrest
Key statutory provisions
Sections 235 to 237 of the Insolvency Act 1986
Rules 1.6, 1.35 and 12.17 to 12.20 of the Insolvency (England and Wales) Rules 2016
Precedents
28.1 Letter requesting documentS before an application is made fo a private examination
28.2 Application for a private examination
28.3 Witness statement in support of an application for a private examination
28.4 Order for private examination
28.5 Warrant for the arrest of the examinee on his failure to attend a private examination
29 Appeal from an Order of an Insolvency and Companies Court Judge
Objective
Appeal notice
Court fees
Service
Respondent's notice
Appeal bundle
Time limits
Key statutory provisions
Rules 12.58, 12.59 and 12.61 of, and Schedule 10 to, the Insolvency (England and Wales) Rules 2016
Paragraphs 17.1 to 19.3 of Part Four of the CPR Practice Direction - Insolvency Proceedings
30 Toolkit
Issuing proceedings in the Royal Courts of Justice
Courts electronic filing - CE-File
County court or High Court?
Insolvency and Companies Court Judge or Judge?
Urgent applications
Evidence
Bundles
Time estimates
Skeleton arguments
Useful email addresses
Court dress
Court fees
Key statutory provisions
Schedule 4 to the Insolvency (England and Wales) Rules 2016, Extracts
CPR Practice Direction - Insolvency Proceedings, Extracts
Precedents
30.1 Form IAA application
30.2 Certificate of urgency
30.3 Creditor's statutory demand
30.4 Winding-up petition
30.5 Notice of persons intending to appear
30.6 Petition by contributory
30.7 Petition by office holder
30.8 List of appearances
30.9 Certificate of compliance
30.10 Verification of the Petition
30.11 Administration application
Index
