What does Moratorium mean? A moratorium is a legally imposed pause on creditor enforcement and legal proceedings, giving a debtor temporary protection while rescue, restructuring or insolvency options are pursued. It is usually created by statute, with scope and duration set by legislation and shaped by case law. In England and Wales, moratoria arise in several contexts, including the standalone company moratorium under Part A1 Insolvency Act 1986 (inserted by the Corporate Insolvency and Governance Act 2020), the statutory moratorium on entry into administration (Schedule B1), interim orders for individual voluntary arrangements, and the Debt Respite Scheme (Breathing Space) for individuals. During a moratorium,...
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Before accepting appointment as administrator, an insolvency practitioner (IP) will typically have carried out business reviews, prepared contingency plans, and advised the company and its directors on the choices available when facing financial difficulties. For more detail on the pre‑administration stage, see Practice Note: Restructuring-initial steps. If administration is identified as a workable route, the IP will determine the administration’s purpose and the strategy required to deliver it, as well as the anticipated exit route.
The statutory purposes of administration as set out in paragraph 3(1) of Schedule B1 to the Insolvency Act 1986 (IA 1986), ranked by priority, are:
In some situations, a pre‑pack sale may fulfil the chosen objective; in others, it can be preferable to continue trading for a period of time before a sale or another exit path. This Practice Note gives a high‑level overview of the practical issues the administrator will take into account...
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 ]...