St Philips Chambers
9 Experts
1 Contributions by St Philips Chambers
PRACTICE NOTES
E&W Brussels I (recast)—parallel proceedings (art 29) [Archived]
ARCHIVED: This Practice Note is archived and is not maintained. It examines the terms of Article 29 of Regulation (EU) 1215/2012, Brussels I (recast), which governs multiple proceedings, namely parallel proceedings that concern the same cause of action and the same parties. The Note outlines how courts address these matters and supplies examples showing their practical handling. Accordingly, the Note addresses both the procedural framework and its operation in day-to-day practice. The same subject-matter was formerly set out in Article 27 of Regulation (EC) 44/2001, Brussels I. Although Regulation (EU) 1215/2012, Brussels I (recast) makes certain alterations to what appeared in Regulation (EC) 44/2001, Brussels I, the body of case law on Article 27 of Regulation (EC) 44/2001, Brussels I remains relevant and will continue to shape the interpretation and application of Article 29 of
Dispute Resolution
11 Contributions by St Philips Chambers Experts
PRACTICE NOTES
Effect of IVA on unsecured creditors
The consequences flowing from approval of an individual voluntary arrangement (IVA) are set out in section 260(2) of the Insolvency Act 1986 (IA 1986). Under that provision, once an IVA is approved it:
is deemed to have been made by the debtor at the moment the creditors decided to approve the IVA proposal; and
binds, as if they were a party to the arrangement, every person who, in accordance with the rules, was entitled to vote when the creditors decided to approve the proposal, or who would have been so entitled had they received notice of it.
An IVA becomes operative by creditor approval alone—no court order is required to bring it into effect. In legal terms, the arrangement operates as though a consensual agreement had been concluded between the debtor and each creditor at the time of
Restructuring & Insolvency
PRACTICE NOTES
What is judicial review?
Judicial review is the means by which the courts exercise a supervisory jurisdiction over the performance of public functions by public bodies. This supervisory jurisdiction should not be mistaken for, or treated as, a right of appeal.
CPR 54.1 states that a 'claim for judicial review' means a claim to assess the lawfulness of:
an enactment
a decision, action, or failure to act in relation to the exercise of a public function.
Proceedings usually take place in the Administrative Court, which forms part of the King's Bench Division of the High Court. Judicial review proceedings are governed by a number of Civil Procedure Rules, Practice Directions and a pre-action protocol. Further detailed and practical guidance is provided in the Administrative Court Judicial Review Guide. The guide is intended to assist parties pursuing judicial review claims in the
Public Law
PRACTICE NOTES
This Practice Note
It outlines the particular procedural phases in a judicial review application and then explains in detail the specific obligations for each phase, as set out by the CPR, CPR PD, and Administrative Court guidance...
Public Law
PRACTICE NOTES
Limitation periods set the window within which a claimant must commence proceedings. Where a claim is issued after the relevant period has lapsed, a defendant may rely on a limitation defence and the court may strike it out as time-barred. For material on limitation rules in insolvency claims, see Practice Note: Limitation periods applicable to insolvency claims. That Practice Note considers sections 21 and 32 of the Limitation Act 1980 (LA 1980).
Trustees and fraud
The LA 1980 identifies two types of insolvency-relevant claims with no limitation period:
LA 1980, s 21(1)(a): claims by a beneficiary involving fraud or a fraudulent breach of trust in which the trustee was directly involved or complicit, and
LA 1980, s 21(1)(b): claims by a beneficiary to recover trust property (or its proceeds) from a trustee who is in possession of it, or who has received it and
Restructuring & Insolvency
PRECEDENTS
Brief details of claim
This action is brought under section 423 of the Insolvency Act 1986.
The Claimant is the [ insert office held ] at [ insert name of the company ] (the Company).
...
Restructuring & Insolvency
PRECEDENTS
CASE NO: [ insert 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 [ insert location ], INSOLVENCY AND COMPANIES LIST (ChD); OR
IN THE COUNTY COURT AT [ insert location ], BUSINESS AND PROPERTY WORK
BEFORE
[DEPUTY] INSOLVENCY AND COMPANIES COURT JUDGE.............................
THE HONOURABLE [MR/MRS] JUSTICE..........................
[DEPUTY] DISTRICT JUDGE.............................
[HIS/HER] HONOUR JUDGE..........................
DATED [ insert date ]
IN THE MATTER OF [ insert company’s name...
Restructuring & Insolvency
PRECEDENTS
INSOLVENCY ACT APPLICATION NOTICE
Case No: [ insert case number ]. Court: High Court (Business and Property Courts, Insolvency and Companies List (ChD)) OR Business and Property Courts in [ insert location ] OR County Court at [ insert location ] (Business and Property Work). In the matter of [ insert company’s name ] and the Insolvency Act 1986. Parties: [ Insert Applicant(s) ] v [ Insert Respondent(s) ]. Under IR 2016 r 18.23. Parties and addresses: Applicants [ names/addresses ]; Respondents [ names/addresses ]. Application relates to [ details ]. Judge: [ level ]. Venue: [ court/hearing centre ]. Ref: [ number ].
Orders sought:
Fix remuneration at £[ insert sum ] plus VAT; disbursements £[ insert sum ].
Costs to be an expense of the [
Restructuring & Insolvency
PRECEDENTS
Note: Use this Precedent alongside an application notice template that accords with the Insolvency (England and Wales) Rules 2016, SI 2016/1024—refer to:
(Form IAA) IR 2016, r 1.35
Insolvency Act Application Notice
VAR Insolvency Act Application Notice
INSOLVENCY ACT APPLICATION NOTICE
CASE NO: [ insert 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 [ insert location ] INSOLVENCY AND COMPANIES LIST (ChD) OR IN THE COUNTY COURT AT [ insert location ] BUSINESS AND PROPERTY WORK ]
IN THE MATTER OF [ insert company’s name ] AND IN THE MATTER OF THE INSOLVENCY ACT 1986
BETWEEN [ Insert name(s) of the Applicant(s) ] Applicant(s)
AND [ Insert name(s) of the Respondent(s) ]
Restructuring & Insolvency
PRECEDENTS
CASE NO: [ insert case number ]
[ WITHIN THE HIGH COURT OF JUSTICE, BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES, INSOLVENCY AND COMPANIES LIST (ChD) OR WITHIN THE HIGH COURT OF JUSTICE, BUSINESS AND PROPERTY COURTS IN [ insert location ] INSOLVENCY AND COMPANIES LIST (ChD) OR IN THE COUNTY COURT SITTING AT [ insert location ] BUSINESS AND PROPERTY WORK...
Restructuring & Insolvency
PRECEDENTS
Applicant(s): [ insert initials and surname ]; Statement number: [ insert number of witness statement eg 1st ]; Exhibit: [ insert exhibit description ]; Date: [ insert date of witness statement ]; CASE NO: [ insert 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 [ insert location ], INSOLVENCY AND COMPANIES LIST (ChD) OR IN THE COUNTY COURT AT [ insert location ] BUSINESS AND PROPERTY WORK ]
IN THE MATTER OF [ insert company’s name ] AND OF THE INSOLVENCY ACT 1986
BETWEEN [ Insert name(s) of the Applicant(s) ] Applicant(s) AND [ Insert name(s) of the Respondent(s) ] Respondent(s)
[ INSERT NUMBER ] WITNESS STATEMENT OF [ INSERT NAME OF OFFICE-HOLDER ]
I, [ insert name of the
Restructuring & Insolvency
PRECEDENTS
Applicant(s): [ enter initials and surname ]: [ enter number of witness statement eg 1st ] Exhibit: [ enter exhibit description ]: Date: [ enter date of witness statement ] 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)
[ ENTER NUMBER ]
WITNESS STATEMENT OF [ ENTER NAME OF OFFICE-HOLDER ]
I, [ enter name of the
Restructuring & Insolvency
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