James Hannant
James specialises in commercial litigation with an emphasis on both corporate and personal insolvency. He is frequently instructed by officeholders, directors and creditors in relation to a number of aspects of insolvency law. These include winding-up petitions, transaction avoidance claims and misfeasance claims. He also undertakes personal bankruptcy work which has included annulment applications, transaction avoidance claims and possession and sale applications.
In addition, James’ has a varied commercial practice which incorporates disputes relating to the sale and supply of goods and services, contractual claims and matters involving aspects of the law of agency and guarantee claims.
James has spoken at a number of seminars and events including those run by R3.
Practice Area
Panel
- Contributing Author
Qualified Year
- 2013
Qualification
- LLB (First Class); BCL.
Education
- University of Exeter
- University of Oxford
2 Contributions by James Hannant
PRACTICE NOTES
Challenging IVAs in England and Wales: creditor standing, 28-day limits, unfair prejudice and material irregularity grounds, court remedies, and 2025 Consumer IVA Protocol changes
Grounds to challenge an individual voluntary arrangement
You may apply to contest the approval of an individual voluntary arrangement (IVA) on either or both of two bases:
that the creditors’ resolution endorsing the IVA unfairly harms the interests of a creditor of the debtor
that a material irregularity occurred at, or connected with, the creditors’ decision process
The onus of proving any such ground lies with the challenger.
Be aware that the new IVA Protocol covers all consumer IVAs proposed on or after 1 July 2025, reshaping the context in which these challenges will be assessed. This will influence how any application is viewed in practice...
Restructuring & Insolvency
PRACTICE NOTES
Contractual demands for payment: drafting, service, timing and risk management under English law
A demand for payment
A payment demand is a formal notice served pursuant to the contractual provisions that underpin the liability the issuing party intends to enforce. Such a demand is required where the contract expressly stipulates that issuing a demand is the step that crystallises a party’s duty to pay under the agreement. Situations in which this commonly arises include:
where a creditor seeks to realise and enforce its security
where there is a default under an ‘on demand’ facility
where a party intends to rely upon or call on a guarantee; and
where non-payment of a demand constitutes an event of default under the contract
The effects and implications of issuing a demand may encompass:
crystallising a cause of action that entitles a party to begin legal proceedings
starting the running of the applicable limitation period
fixing and confirming the date from which a lender’s right to repayment of the loan falls due; and
fixing the date from which a lender’s entitlement to default or enhanced interest accrues or becomes payable
Materials available in Lexis+® UK
In this Practice Note, the expressions ‘borrower’ and ‘lender’ are used to reflect the terminology adopted in the following Precedents...
Restructuring & Insolvency
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