Petition (for administration) meaning

Martin v McLaren Construction Ltd and McLaren Construction Ltd v Martin Dawn Plc [2025] EWHC 406 (Ch) What are the practical implications of this case? This decision confirms that a debtor cannot fend off winding-up or bankruptcy petitions merely by disputing the sum claimed or pointing to set-offs or counterclaims exceeding the petition debt, in order to resist such relief. The court will interrogate the parties’ material in depth, weighing what is produced on both sides, and will apply an approach comparable to that used on a summary judgment application when assessing whether there is a real defence. While recognising that conspiracies are typically concealed and often difficult to evidence directly, a litigant advancing such an allegation must still produce some evidential foundation for it, particularly where the contention is not inherently convincing or appears improbable on its face. The ruling underlines that English courts are hesitant to imply terms into negotiated bargains, especially where the agreement operates perfectly sensibly without the addition and...

In this issue Enforcing security and property insolvency Lease covenants and obligations Residential tenancies Disputes and remedies Property disputes in Scotland Additional Property Disputes updates LexTalk®Property Disputes: a Lexis®Nexis community Daily and weekly news alerts New and updated content Dates for your diary Trackers Latest Q&As Enforcing security and property insolvency Section 234 of the Insolvency Act 1986 cannot be used to obtain an order for vacant possession against trespassers (Maher v Investalet). In Maher v Investalet [2025] EWHC 3133 (Ch), the Chancery Division (Companies Court) refused an application by the joint administrators of Pocket Renting Limited made under section 234 seeking vacant possession of five residential properties held by the company. The administrators attempted to retake the properties from Investalet, which had failed to pay rent since November 2023 and had then sub-let the dwellings without permission. While the court concluded that Investalet had no real defence to a possession claim,...

In this issue: Probate Court of Protection HMRC Manuals updates Tax avoidance, evasion and non-compliance Regulatory compliance for Private Client Budgets and Finance Bills Insolvency—Private Client Contentious trusts and estates Pensions, insurance and tax efficient investments Scotland, Wales and Northern Ireland International Question of the week Daily and weekly news alerts LexTalk®Private Client: a Lexis+® community New and updated content Dates for your diary Trackers Latest Q&As Useful information Probate Bona Vacantia Division reinstates unclaimed estates list following fraud review Working with the Government Legal Department, the Bona Vacantia Division (BVD) has confirmed the restoration of the Bona Vacantia unclaimed estates list following a review of its release. Publication had been paused in July 2025 owing to allegations of fraud in the probate system. The review found no evidence that the unclaimed estates list was connected to fraudulent activity. Even so, BVD has judged...

This Practice Note covers: the impact of an insolvency process on ongoing litigation where the debtor, bankrupt or insolvent company is a claimant or defendant how an insolvency process interacts with an arbitration agreement binding the debtor, bankrupt or insolvent company additional considerations in a cross-border setting Personal insolvency What happens when the bankrupt is a claimant in ongoing proceedings? The presentation of a bankruptcy petition, whether by a creditor or by the debtor, has no legal consequence for proceedings already on foot where the debtor is the claimant. Once a bankruptcy order is made and a trustee in bankruptcy (the trustee) is appointed, most causes of action in which the bankrupt has an interest vest in the trustee under section 306 of the Insolvency Act 1986 (IA 1986). In such circumstances, it is the trustee, rather than the bankrupt, who has standing to carry on the claim. The trustee will proceed only if that course best serves the interests...

Unless the application proceeds without notice, once an application within insolvency proceedings has been issued, an early obligation is to serve the application and its supporting documents on the respondent. Challenges may arise where service cannot be completed because, for instance, the respondent cannot be located or is deliberately evading service. This Practice Note explores the options open to an applicant who cannot effect service of an application and accompanying documents in insolvency proceedings on a respondent. It does not consider alternative service methods for bankruptcy petitions, winding‑up petitions, or administration applications by which insolvency proceedings are commenced. For guidance on serving documents that commence insolvency proceedings, see Practice Notes: Practice Notes: How do you effect service of a creditor’s bankruptcy petition on the debtor and what if service cannot be effected? Compulsory winding‑up of a company—the process and procedure Court appointments of administrators—the procedure For reading on the service of applications made in insolvency proceedings, see Practice Note: Service of...

FORTHCOMING CHANGE : The Trusts and Succession (Scotland) Act 2024 secured Royal Assent on 30 January 2024, heralding the first overhaul of Scottish trust law in more than a century since the cornerstone Trusts (Scotland) Act 1921. Provisions on trusts will only commence once Scottish Ministers introduce the necessary secondary legislation, while the succession measures took effect on 30 April 2024. Key updates designed to modernise the framework are outlined in News Analysis: Trusts and Succession (Scotland) Bill passed. Practice Notes across Scottish trusts and succession topics will be revised to reflect this new statute. This Practice Note addresses the steps for obtaining confirmation where there is no will (intestate estates). For wills-based estates, or elements of the confirmation process common to both testate and intestate cases, see Practice Note: Application for confirmation in Scotland—testate cases. Appointment of executor Order of succession The intestacy rules appear in the Succession (Scotland) Act 1964 (S(S)A 1964). These rules establish the order of entitlement to share in an...

Parties [ Name of company in administration or liquidation ] (in [ administration OR liquidation ]) (the Company), with its address at [ Company’s address ], acting by [ [ individual's name ], in his capacity as [ Administrator OR Liquidator ] of [ the Company ], of [ Company’s address or Office-Holder’s address (if different) ] (the Office-Holder) OR [ individual's name ], in his capacity as [ Administrator OR Liquidator ] of [ name of company in administration or liquidation ] (in [ administration OR liquidation ]) (the Company), of [ Company’s address or Office-Holder’s address (if different) ] (the Office-Holder) ] [ creditor's name ] of [ creditor’s address ] (the Creditor) Recitals [ On [ date ], the court made a winding-up order against the Company following the petition of [ name of the petitioner ] presented to the court on [ date ] OR On [ date ], the Company went into administration ] ...