What does Administrator mean? A licensed insolvency practitioner who takes control of a company in administration to manage its affairs, business and property with the statutory aim of rescuing the company as a going concern; if that is not reasonably practicable, to achieve a better result for creditors than an immediate liquidation; or, failing that, to realise property to make distributions to secured or preferential creditors. The role is defined in Schedule B1 to the Insolvency Act 1986 (England & Wales and Scotland) and Schedule B1 to the Insolvency (Northern Ireland) Order 1989. An administrator is an officer of the court and acts as...
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This PrACTice Note concentrates on the compulsory removal of an Administrator from office and the appointment of an alternative office-holder. Situations where an administrator vacates office for other reasons are mentioned only in passing. The statutory provisions dealing with removal and replacement are set out in paragraphs 87–99 of Schedule B1 to the Insolvency Act 1986 (IA 1986) and in the Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024, rr 3.62–3.70. This Practice Note does not consider applications to terminate an administration; for that, see Practice Note: How an administration comes to an end—Application to court to end administration.
Where the administrator was appointed out of court by the company or its directors and there was no holder of a qualifying floating charge over the company’s property (QFCH), the creditors may, by a qualifying decision procedure, resolve to remove the administrator and appoint another. That decision is effective only if the proposed successor has, before the decision is taken, given written consent to act. In these circumstances, a court application is not required...
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...