Remote statutory declarations in insolvency: video conference procedure for administration appointments and MVLs, MIPD 2021 compliance and fees (England and Wales)

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Background

Statutory declarations form an essential component of insolvency processes, arising most frequently when a company proceeds by members’ voluntary liquidation (MVL) under section 89 of the Insolvency Act 1986 (IA 1986), and also when administration is commenced by an out-of-court appointment in accordance with the Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024, r 3.17. Section 20 of the Statutory Declarations Act 1835 (SDA 1835) sets out the required form of the declaration, as contained in the Schedule to that Act. Under SDA 1835, s 19, a fee is payable, the amount of which is fixed by the Commissioners for Oaths (Fees) Order 1993, SI 1993/2297. The fee is £5 for taking an affidavit, declaration, or affirmation, together with an additional £2 for each exhibit referred to therein that must be marked, or for every schedule that is required to be marked. Save for prescribing the template of the statutory declaration and making provision for the relevant fees, no further formal requirements are stipulated. Accordingly, the approach adopted in practice is, to a significant extent, founded on custom...

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Phillip Patterson

Gatehouse Chambers

Phillip has a wide-ranging commercial and insolvency practice with experience of high-value and complex disputes. He has particular expertise in technical company law issues, which makes him a popular choice for claims involving allegations of mismanagement and breach of duty as well as shareholder disputes. Phillip handles a wide variety of banking and financial services disputes where his postgraduate qualification in banking law gives him a decided edge. A significant proportion of Phillip's current and recent work concerns corporate and personal insolvency, a field in which Phillip is fast becoming a go-to junior for a range of matters.Phillip also has experience of consumer contract issues, professional negligence claims and a variety of private client disputes.Phillip regularly contributes to a number of academic and professional publications, providing topical insights into matters across his areas of practice. He is also current an editor of the volume of...

Web page updated on 29/05/2026

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