Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Misfeasance definition

What does Misfeasance mean? Misfeasance describes the wrongful exercise of a lawful power or the improper performance of a lawful act causing loss. In corporate insolvency practice it commonly denotes director or officer misconduct—such as breach of fiduciary duty, misapplication of company assets or other delinquency—actionable by a liquidator, creditor or contributory. In England & Wales and Scotland, a summary remedy is available under Insolvency Act 1986, s 212 (misfeasance), allowing the court to order repayment, restoration or contribution by the delinquent director, officer, administrator, liquidator or receiver. Northern Ireland has a broadly equivalent remedy under the Insolvency (Northern Ireland) Order...

Precedent application notice for a liquidator's misfeasance claim under section 212 Insolvency Act 1986 (England and Wales)

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Precedents

Insolvency ACT APPLICATION NOTICE

Use with an application notice complying with Insolvency (England and Wales) Rules 2016, SI 2016/1024—see Form IAA (IR 2016, r1.35 VAR) and corporate insolvency application notice.

Case No: [insert]. Court: High Court (Business and Property Courts—Insolvency and Companies List (ChD)) or County Court at [insert]. Between [Applicant(s)] and [Respondent(s)]. Matter: [company] and the Insolvency Act 1986.

Under s212 Insolvency Act 1986. Applicant(s): [names/addresses]. Respondent(s): [names/addresses]. Heard by [judge level] at [court/hearing centre]. Within existing proceedings? YES/NO. Court ref: [insert].

Declaration that Respondent(s) breached fiduciary/trust/statutory duties by causing or permitting the Company to [details].
Order that Respondent(s) [jointly and severally] account to Applicant(s) (liquidator(s)) for [sum], or as the Court thinks fit.
Alternatively, equitable compensation/damages of [sum], or as the Court decides.
Interest in equity or under s35A Senior Courts Act 1981 at rate and period the Court thinks fit.
Costs of and incidental to this application.
Further or other relief as the Court thinks fit.

Grounds: in the [number] witness statement of [full name], dated [date]. Service: [names/addresses] [or not intended]. Notice: [names/addresses] [or not intended]. Address for service: [insert]. Dated: [ ]. Signed: [ ]. Name: [Applicant(s)/Solicitor and position].

Court endorsement: Hearing [date] [time] at [place]. Issued at [court/hearing centre]...

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Web page updated on 22/05/2026

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