What does Provisional liquidator mean? A provisional liquidator is a temporary insolvency office-holder appointed by the court, after a winding‑up petition is presented and before any winding‑up order, to take urgent control of the company’s assets and affairs so they are preserved pending the petition’s determination. The role is created by insolvency legislation in each jurisdiction (for example, the Insolvency Act 1986 in Great Britain, the Insolvency (Northern Ireland) Order 1989, and the Companies Act 2014 in Ireland) and developed by case law. Key features include: swift court appointment on evidence of risk to assets, business records or the public; powers tailored by the order (typically...
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A provisional liquidator is essentially a temporary liquidator, appointed under section 135 of the insolvency Act 1986 (IA 1986) as an interim measure, with either a licensed insolvency practitioner (IP) or the official receiver (OR) taking the role before the court makes a winding-up order, or before the winding-up petition is heard or otherwise determined. Further detailed explanation of the procedure and its consequences appears below. IA 1986, s 135 is bolstered by the Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024, rr 7.33–7.39. For guidance on applications to appoint a provisional liquidator, the hearing, the order, costs, security, and bringing the appointment to an end, see Practice Note: The appointment of a provisional liquidator.
The principal driver for such an appointment is the need for swift intervention to assume control of the company and safeguard its assets. Without this short-term step, creditors of the company are likely to suffer loss. Accordingly, installing a provisional liquidator is necessary to preserve the company’s assets until a liquidator is put in place on the making of a winding-up order. An appointment may extend to the protection of the company's assets...
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 ]...