Jurisdiction(s):
United Kingdom
United Kingdom
Key definition
Insolvency definition What does Insolvency mean? In practice, insolvency describes a financial state where a debtor cannot meet liabilities when due, triggering remedies such as administration, liquidation or bankruptcy and informing directors’ duties and avoidance claims. For companies in England & Wales, Scotland and Northern Ireland, the Insolvency Act 1986, s 123 sets two alternative tests: - Cash‑flow insolvency: an inability to pay debts as they fall due. The inquiry is practical and forward‑looking, not confined to today’s bills (Re Patrick & Lyon Ltd [1933] Ch 786; BNY Corporate Trustee Services Ltd v Eurosail [2013] UKSC 28). - Balance‑sheet insolvency: liabilities (including contingent and prospective liabilities) exceed assets on...
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Precedent Application Notice for Permission to Serve Insolvency Proceedings and Documents Out of the Jurisdiction under IR 2016 and CPR 6.36–6.37 (England and Wales)
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Precedents
Insolvency Act Application Notice
Note: Use this precedent with an application notice template compliant with the Insolvency (England and Wales) Rules 2016, SI 2016/1024—see Form IAA; IR 2016, r 1.35.
Heading to state court, location, case number, and whether the matter concerns a company or a bankrupt under the Insolvency Act 1986, between Applicant(s) and Respondent(s).
Made under para 1(8) Sch 4 IR 2016, CPR 6.36–6.37 and the ground in CPR PD 6B para 3.1. Insert parties’ names and addresses, details of the subject company/bankrupt, the judge level and court/hearing centre, and whether within existing insolvency proceedings with the reference.
Relief sought
- Permission to serve the Respondent(s) at [address and country], or elsewhere in [country], with:
- Application Notice [date]
- Witness Statement of [name] [date]
- Exhibit [description]
- Order made on this Application
- [Further documents]
- Directions on response time limits
- Permission to serve other documents in these proceedings at the same address, or elsewhere in [country], without further order
- Costs in the case
- Any further order as the court thinks fit
Grounds are in the witness statement of [name] [date]. Identify service and notice recipients (or state none). Provide Applicant’s service address. Date, sign, and name. Court to endorse hearing details...
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Web page updated on 22/05/2026
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