Chris Brockman
Chris practises in all areas of personal and commercial insolvency. He has been consistently recommended in Chambers UK for many years including for his "fantastic client supportiveness" and for his combination of "intellect and commercially savvy common sense." He is further "particularly praised for his "flexibility and responsiveness." One source adds "Nothing is ever too much trouble for him." He is viewed as an "innovative thinker and always thoroughly prepared."
His practice areas include asset recovery on behalf of insolvency office holders, opposing and obtaining administration orders; compulsory winding up; freezing orders; wrongful trading/breach of directors' duties claims; 236 applications to examine directors and examination of directors; defending trustees against claims for negligence/breach of duty; Bankruptcy Restriction Orders. He acts for the Secretary of State on various applications, including Company Directors Disqualification proceedings and public interest petitions.
In the recent past Chris had been involved in several high profile personal and corporate insolvency cases and is frequently instructed by HMRC in relation to complex applications including on a number of provisional liquidations. He has also successfully defeated challenges to several, including obtaining personal cost orders against directors. He is currently acting on several claims brought against insolvency office holders for alleged breach of duty.
Practice Area
Panel
- Contributing Author
Qualified Year
- 1985
Qualification
- LLB (Buckingham)
Education
- Inns of Court School of Law, University of Buckingham
6 Contributions by Chris Brockman
PRACTICE NOTES
Avoidance of general assignments of book debts on individual bankruptcy: scope, exceptions and Bills of Sale Act 1878 registration (England and Wales)
Practice Note
This Practice Note outlines circumstances in which a bankrupt's pre-bankruptcy general transfer of book debts lacks validity. See also Practice Note: Unenforceability of liens over books and records for related guidance...
Restructuring & Insolvency
PRECEDENTS
Application notice precedent: fraudulent trading contribution orders under Insolvency Act 1986 sections 213 (liquidation) and 246ZA (administration), England and Wales
VAR Insolvency Act Application Notice
Note: Use this precedent together with an application notice template that accords with the Insolvency (England and Wales) Rules 2016, SI 2016/1024—refer to:
(Form IAA) IR 2016, r1.35
INSOLVENCY ACT APPLICATION NOTICE
CASE NO: [ enter case number ]
[ IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES INSOLVENCY AND COMPANIES LIST (ChD) OR IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY COURTS IN [ enter location ] INSOLVENCY AND COMPANIES LIST (ChD) OR IN THE COUNTY COURT AT [ enter location ] BUSINESS AND PROPERTY WORK ]
IN THE MATTER OF [ enter company’s name ] AND IN THE MATTER OF THE INSOLVENCY ACT 1986
BETWEEN [ Enter name(s) of the Applicant(s) ] Applicant(s)
AND [ Enter name(s) of the Respondent(s) ] Respondent(s)
This application is brought pursuant to section [ 213 or 246ZA ] of the Insolvency Act 1986...
Restructuring & Insolvency
PRECEDENTS
Precedent application notice (bankruptcy): s.284 Insolvency Act 1986 declaration of void post-petition disposition, restoration order and costs (England and Wales)
INSOLVENCY ACT APPLICATION NOTICE
Note: Use with an application notice template compliant with the Insolvency (England and Wales) Rules 2016, SI 2016/1024 (Form IAA), IR 2016, r 1.35...
Case No: [insert]. [In the High Court of Justice, Business and Property Courts (Insolvency and Companies List (ChD)) in England and Wales or in [location]; or in the County Court at [location], Business and Property Work]...
In the matter of [bankrupt’s name] (In Bankruptcy) and the Insolvency Act 1986. Between [Applicant(s)] and [Respondent(s)]. Application under section 284...
Applicant(s): [names/addresses]. Respondent(s): [names/addresses]. The application concerns [details of the relevant bankruptcy]. To be heard by [level of judge] at [court/hearing centre]. Within existing insolvency proceedings? YES/NO. Court reference: [insert]...
Declaration that [the disposition] is void under section 284.
Order restoring the position as if the disposition had not occurred.
Order that the Respondent(s) pay the Applicant(s)’ costs.
Further or other relief as the Court considers appropriate.
Grounds: set out in the [number] witness statement of [name], dated [date]. Service: [intended recipients] [or none]. Notice: [intended recipients] [or none]. Applicant(s)’ address for service: [insert]. Dated: […]. Signed: […]. Name: […]
Court endorsement: Hearing on [date] at [time], at [place]. Issued at [court/hearing centre address]...
Restructuring & Insolvency
PRECEDENTS
Precedent application notice for validation order under section 127 Insolvency Act 1986 (England and Wales) to validate post‑petition company payments or property sale pending winding up
Note: Use this precedent together with an application notice template that accords with and complies with the Insolvency (England and Wales) Rules 2016, SI 2016/1024—see also:
(Form IAA) IR 2016, r1.35 VAR Insolvency Act Application Notice
Application notice in insolvency proceedings (corporate)
In the matter of the insolvency act 1986 Application Notice
Company name
Company number [ Insert company number ]
[ Insert name of court ]
For court use only
Court case number:
Between
Applicant [ Name of Applicant (usually the company ]
and
Respondent Petitioning Creditor
Is this application in insolvency proceedings already before the court? [ Yes OR no ] [ .......................
...
Restructuring & Insolvency
PRECEDENTS
Template Gazette notice (precedent) for presentation of winding-up petition under rule 7.10, Insolvency (England and Wales) Rules 2016
Court Reference No:
[ ENTER COURT REF....
Restructuring & Insolvency
CHECKLISTS
Creditor winding-up petitions against companies registered in England and Wales: checklist, timetable, service, Gazette advertisement, forms and procedural requirements
The Corporate Insolvency and Governance Act 2020 introduced, on a temporary footing, substantial restrictions on a creditor’s ability to pursue a winding-up order against a company. For guidance on the position prior to 1 October 2021, see Practice Note: Corporate Insolvency and Governance Act 2020—temporary changes to corporate statutory demands and winding-up petitions [Archived]. For the regime applying from 1 October 2021 to 31 March 2022 (which included a higher threshold for petition debts and required a creditor to give 21 days’ notice of an intention to present a winding-up petition), see Practice Note: Corporate Insolvency and Governance Act 2022—winding-up petitions from 1 October 2021 to 31 March 2022 [Archived].
Serve statutory demand
Prepare a statutory demand that contains the particulars mandated by rule 7.3 of the Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024 (see Practice Note: Company statutory demand), and instruct a process server to effect service...
Restructuring & Insolvency
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