Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Individual Voluntary Arrangement definition

What does Individual Voluntary Arrangement mean? An Individual Voluntary Arrangement is a formal insolvency procedure for individuals in England and Wales and Northern Ireland that allows an insolvent debtor to agree a binding compromise of unsecured debts with creditors, supervised by a licensed insolvency practitioner (IP). Established by statute (Insolvency Act 1986, Part VIII and Insolvency Rules 2016; Insolvency (Northern Ireland) Order 1989), an IVA is proposed by the debtor through an IP (as nominee) and, if approved by the required statutory majority in value of creditors voting (commonly 75%), binds all creditors entitled to vote. Funding is typically by monthly contributions and/or asset realisations,...

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

Published by a LexisNexis Restructuring & Insolvency expert

Practice notes

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...

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James Hannant

Guildhall Chambers

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....

Web page updated on 21/05/2026

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