Full Description
This book provides an extensive analysis of the law and practice relating to insolvency litigation in England and Wales, as well as examination of other common law jurisdictions. Written by leading insolvency lawyers it addresses key concerns affecting the prosecution and defence of insolvency proceedings by drawing on a wide range of case law, providing detailed guidance on challenging issues.
Key Features:
Combines practice insights with a clear exposition of the relevant law as it affects the litigation relating to insolvency proceedings
Focuses on the law in England and Wales but incorporates consideration of law in other common law jurisdictions
Evaluates the Insolvency Rules 2016 and the Insolvency Act 1986 in the context of relevant case law
Examines a broad range of litigation topics, including insolvency processes, information gathering, claims, costs and funding, and cross-border regulations
Insolvency Litigation is a vital resource for legal practitioners specialising in insolvency, as well as all those seeking a wider understanding of insolvency litigation. Its insights are also beneficial to students and scholars of company and insolvency law, and dispute resolution.
Contents
Contents
PART A INSOLVENCY PROCESSES
1 Introduction
2 Petitions and applications
3 Service
4 Rescission, reviews and appeals
5 Restoration to the register of companies
PART B INFORMATION GATHERING
6 Information and asset gathering
PART C CLAIMS
7 Claims, pleadings and evidence
8 Limitation
9 Freezing injunctions and other interim applications
10 Misfeasance actions
11 Adjustment and avoidance actions
12 Personal insolvency
PART D COSTS AND FUNDING
13 Security for costs
14 Costs of insolvency litigation
15 Non-party costs
16 Funding insolvency litigation
PART E OTHER ISSUES
17 Cross-border insolvency regulations and judicial assistance
18 Office-holders' remuneration and expenses
19 The review of officeholder conduct
20 Removal of office-holders
21 Challenges to voluntary arrangements
Index
