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Eleanor Holland#2143
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Eleanor Holland

4 Stone Buildings
A barrister at 4 Stone Buildings, Eleanor has been recommended by Legal 500 as one of the top ten commercial litigation juniors under eight years' call, and is described as 'Good with clients, hardworking and a very nice person too'. Eleanor has a broad commercial Chancery practice, including insolvency, commercial disputes, shareholder disputes, and banking and finance. She provides practical advice tailored to meeting the client's objectives, and is particularly sought after for work involving complex legal questions. Eleanor regularly receives repeat instructions from solicitors' firms, and she works both alone and led by barristers (including silks) in and out of Chambers. Eleanor regularly accepts instructions with a German language element. Eleanor is also a CEDR-accredited mediator, offering a practical and constructive approach to parties wishing to explore settlement of their dispute. Eleanor is committed to the Bar's pro bono efforts, including through the Bar Council Pro Bono Committee, the Chancery Bar Association committee and PILARS.

Practice Area

Panel

  • Contributing Author

Qualified Year

  • 2010

Membership

  • Lincoln's Inn
  • Chancery Bar Association
  • COMBAR

Education

  • Jesus College, Oxford: Jesus College Law Prize, Edwin Jones Scholarship and S.R. Welson Prize
  • Lincoln's Inn: Lord Denning Scholarship, Hardwicke Entrance Award, Buchanan Prize and Pupillage Sc
  • BA (Oxon)
  • LLM

2 Contributions by Eleanor Holland

Compulsory winding-up order: required order contents, Official Receiver notifications and powers, liquidator appointment, statements of affairs, public examinations, and stays of proceedings (England and Wales)
PRACTICE NOTES
Compulsory winding-up order: required order contents, Official Receiver notifications and powers, liquidator appointment, statements of affairs, public examinations, and stays of proceedings (England and Wales)
The winding up of a company is treated as having begun on the day the winding-up petition is presented. While a prescribed template for a winding-up order no longer exists, the Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024, r 7.20 — and, with altered provisions in r 7.32 where the winding up follows the termination of an administrator’s appointment or there is a company voluntary arrangement (CVA) supervisor — set out the following particulars that must appear: the case identification details the judge’s name and title issuing the order the petitioner’s name and postal address the petitioner’s capacity entitling them to present the petition (for example, the company, a creditor, or a regulator) the date the petition was lodged an order that the company be wound up by the court under the Insolvency Act 1986 (IA 1986) a statement confirming whether the proceedings are COMI proceedings, establishment proceedings, or proceedings to which Regulation (EU) 848/2015 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings (recast) as it...
Restructuring & Insolvency
Statutory Demands for Company Debts: Purpose, When to Use (and Not), Content, Service and Winding‑Up Consequences (England and Wales)
PRACTICE NOTES
Statutory Demands for Company Debts: Purpose, When to Use (and Not), Content, Service and Winding‑Up Consequences (England and Wales)
The purpose of a statutory demand The purpose of a statutory demand is to demonstrate that a company cannot pay its debts, rather than the creditor relying on section 123(1)(e) or section 123(2) of the Insolvency Act 1986 (IA 1986). A statutory demand is a written demand, in the prescribed form, for a debt over £750, served on a company by leaving it at the company’s registered office (IA 1986, s 123(1)(a)). This threshold is not altered by the increase in the bankruptcy level for bankruptcy petitions from £750 to £5,000 that came into force on 1 October 2015. If the statutory demand is left unpaid and is not disputed, the company is treated as unable to pay its debts, giving a creditor grounds to present a winding-up petition against the company. When not to use a statutory demand A statutory demand should not be used where: there is a genuine dispute about the amount owed the company has a cross-claim or counterclaim that equals or exceeds the sum due the company has a reasonable excuse for non-payment, for example where payment is prohibited by law...
Restructuring & Insolvency
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