Legal Precedents

[ To be printed on the Lender’s headed paper issuing the demand ] To: [ Insert name of individual and/or role ] [ Insert name of the Guarantor or other relevant entity ] [ Insert address ] [ Insert facsimile/fax number ] [ Insert email address ] [ Copy: [ specify recipient ] ] BY [ HAND OR FIRST CLASS POST OR FACSIMILE OR EMAIL ] [ Insert date of letter ] Demand letter Guarantee and indemnity deed dated [ insert date ] given by [ insert name of guarantor ] (the Guarantor) in favour of [ insert name of lender ] (the Lender) concerning the obligations of [ insert name of company ] (the Company) (the Guarantee) [ Debenture dated [ insert date ] executed by the Guarantor in favour of the Lender (the Debenture) ] Unless stated to the contrary, all terms and expressions defined in the Guarantee shall carry the same...

[ To be produced on the headed paper of the lender issuing the demand ] To: [ Insert name of individual and/or position ] [ insert name of the Borrower or other relevant entity ] [ insert address ] [ insert facsimile/fax number ] [ insert email address ] [ copy [ specify to whom ] ] Sent by [ Hand OR First class post OR Facsimile OR Email ] [ Insert date of letter ] Letter of demand Facility Agreement dated [ insert date ] between [ insert name of lender ] (the Lender) and [ name of borrower ] (the Borrower) (the Facility Agreement). [ Debenture ] dated [ insert date ] executed by the Borrower in favour of the Lender (the Debenture). Unless stated otherwise, terms and expressions defined in the Facility Agreement bear the same meanings in this letter of...

A costs budget is required to follow Precedent H, attached to CPR PD 3D, unless the court directs otherwise. It should be presented in landscape orientation, using a readable typeface throughout. These obligations are prescribed by CPR PD 3D, paragraph 4(a), and must be observed......

In the County Court at [ Name of county court hearing centre ] [ Name of the county court hearing centre in which the original Bankruptcy Order was made ] Case No: [ Full case number as set out on the original Bankruptcy Order ] RE: [ Name of Debtor ] [ Complete name of the bankrupt as shown on the Bankruptcy Order ] 1 On the Trustee’s application [ insert full name and address of Trustee ], and with the agreement of the bankrupt named above......

Note: Apart from the court heading, this Precedent is prepared entirely from the specific viewpoint of a liquidator’s relevant application seeking permission to effect service outside the jurisdiction......

VAR 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 ( Form IAA), IR 2016, r 1.35. Full name of company or debtor/bankrupt; Company number: N/ A. In the [ Name of Court] [original Bankruptcy Order court or transferred court]. Proceeding: Bankruptcy. Between: Applicant [full name of Trustee] and Respondent [full name of Debtor]. Is this application within existing insolvency proceedings? [ Yes/ No]. If Yes, give the court reference and details [court name and number]. I/ We, [full name and business address of the Trustee], intend to apply to the Judge/ ICC Judge/ District Judge on: Date/ Time/ Place [as listed by the court]. Orders sought: Under section 310...

Applicant(s): [ enter initials and family name ]: [ state ordinal of witness statement, e.g. 1st ] Exhibit: [ describe the exhibit ]: Date: [ give date of witness statement ] CASE NO: [ provide case number ] [ IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES INSOLVENCY AND COMPANIES LIST ( Ch D) OR IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY COURTS IN [ enter location ] INSOLVENCY AND COMPANIES LIST ( Ch D) OR IN THE COUNTY COURT AT [ enter location ] BUSINESS AND PROPERTY WORK ] IN THE MATTER OF [ enter company’s name ] AND IN THE MATTER OF THE INSOLVENCY ACT 1986 BETWEEN [ enter name(s) of the Applicant(s) ] Applicant(s) AND [ enter name(s) of the Respondent(s) ] Respondent(s) [ SPECIFY NUMBER ] Witness statement of [ enter name of...

Application notice in insolvency proceedings (corporate) INSOLVENCY ACT APPLICATION NOTICE Use with an application notice compliant with the Insolvency ( England and Wales) Rules 2016, SI 2016/1024—see Form IAA, IR 2016 r1.35 VAR... Case No: [insert]. Court: [identify court or hearing centre as per heading]. In the matter of [company] and the Insolvency Act 1986. Between [ Applicant(s)] and [ Respondent(s)]... Made under section 127 Insolvency Act 1986. Applicant(s): [names/addresses]. Respondent(s): [names/addresses]. Concerns: [company details]. Heard by [level of judge] at [court/hearing centre]. Within existing insolvency proceedings? YES/ NO. Court reference: [insert]... Declaration that [the disposition(s), e.g. payment(s) in Schedule A] [is/are] void under section 127... Restoration: (i) repayment of the Schedule A sum(s) and/or such sum(s) as the court thinks fit; (ii) interest under section 35A Senior Courts Act 1981 at such rate and for such period as the court sees fit... Costs of and...

Although both liquidators and administrators may now pursue fraudulent trading actions under sections 213 and 246ZA of the Insolvency Act 1986 respectively, this Precedent is prepared from the standpoint of a liquidator pursuing such a claim......

Applicant(s): [ insert initials and surname ] [ insert number of witness statement eg 1st ] Exhibit: [ insert exhibit description ] Date: [ insert date of witness statement ] Case No: [ insert case number ] [ IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES INSOLVENCY AND COMPANIES LIST ( Ch D) OR IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY COURTS IN [ insert location ] INSOLVENCY AND COMPANIES LIST ( Ch D) OR IN THE COUNTY COURT AT [ insert location ] BUSINESS AND PROPERTY WORK ] IN THE MATTER OF [ insert bankrupt’s name ] IN BANKRUPTCY AND IN THE MATTER OF THE INSOLVENCY ACT 1986 [ Insert name(s) of the Applicant(s) ] Applicant(s) AND [ Insert name(s) of the...

VAR Insolvency Act Application Notice Note: Use this precedent together with an application notice template that accords with the Insolvency ( England and Wales) Rules 2016, SI 2016/1024—refer to: ( Form IAA) IR 2016, r1.35 INSOLVENCY ACT APPLICATION NOTICE CASE NO: [ enter case number ] [ IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES INSOLVENCY AND COMPANIES LIST ( Ch D) OR IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY COURTS IN [ enter location ] INSOLVENCY AND COMPANIES LIST ( Ch D) OR IN THE COUNTY COURT AT [ enter location ] BUSINESS AND PROPERTY WORK ] IN THE MATTER OF [ enter company’s name ] AND IN THE MATTER OF THE INSOLVENCY ACT 1986 BETWEEN [ Enter name(s) of the Applicant(s) ] Applicant(s) AND [ Enter name(s) of the Respondent(s) ]...

INSOLVENCY ACT APPLICATION NOTICE Note: Use with an application notice template compliant with the Insolvency ( England and Wales) Rules 2016, SI 2016/1024 ( Form IAA), IR 2016, r 1.35... Case No: [insert]. [ In the High Court of Justice, Business and Property Courts ( Insolvency and Companies List ( Ch D)) in England and Wales or in [location]; or in the County Court at [location], Business and Property Work]... In the matter of [bankrupt’s name] ( In Bankruptcy) and the Insolvency Act 1986. Between [ Applicant(s)] and [ Respondent(s)]. Application under section 284... Applicant(s): [names/addresses]. Respondent(s): [names/addresses]. The application concerns [details of the relevant bankruptcy]. To be heard by [level of judge] at [court/hearing centre]. Within existing insolvency proceedings? YES/ NO. Court reference: [insert]... Declaration that [the disposition] is void under section 284. Order restoring the position as if the disposition had not...

Court Ref. No: [ INSERT COURT REF. NUMBER ] [ IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY COURTS [ OF ENGLAND AND WALES OR IN [ INSERT LOCATION ] ] INSOLVENCY AND COMPANIES LIST ( Ch D) OR IN THE COUNTY COURT SITTING AT [ INSERT LOCATION ] [ BUSINESS AND PROPERTY COURTS LIST] OR IN THE HIGH COURT OF JUSTICE CHANCERY DIVISION [ INSERT LOCATION ] DISTRICT REGISTRY ] IN BANKRUPTCY IN THE MATTER OF [ INSERT DEBTOR’ S OR BANKRUPT’ S NAME ] AND IN THE MATTER OF THE INSOLVENCY ACT 1986 BETWEEN [ Full name of applicant ] Applicant –and– [ Full name of respondent ] Respondent Witness statement by [ Insert ] I, [ Insert name of witness ], state as follows: Introduction I am a [ • ]......

Note: Use this Precedent alongside an application notice template compliant with the Insolvency ( England and Wales) Rules 2016, SI 2016/1024—see ( Form IAA), IR 2016, r 1.35. VAR Insolvency Act Application Notice In the matter of the Insolvency Act 1986 Delete as applicable: Name of company or debtor/bankrupt: [insert debtor’s name] Company number: [________] Court: [full court name and, if known, division or district registry] Case number (for court use): [insert case number] Type of insolvency proceeding: Bankruptcy Between: Applicant [insert applicant’s name]; Respondent [insert debtor’s name]. Is this within insolvency proceedings already before the court? YES. If so, give the court reference: [________]. I/ We intend to apply to the Insolvency and Companies Court Judge/ District Judge on: Date [________], Time [________] hours, Place [________]. Appointment of [ X, the Official Receiver of this Court, or Z, an insolvency practitioner] as interim receiver of the property of [full name of debtor], with any...

No...

Filed on behalf of the Claimant Witness statement by [ insert name ] for [ insert name of claimant ]. Witness statement number: [ First ]. Exhibits listed numbered [ insert number ] to [ insert number ]. Date: [ insert ]. No. ......

Company number: [ insert company number ] [ insert company name ] [ LIMITED OR PLC ] Record of a meeting of the board of directors (the Meeting) of [ insert full name of company ] (the Company) Held at [ insert place of meeting ] On [ insert day, month and year of the meeting ] at [ insert time of meeting ] [ am OR pm ] Present: [ Insert names of the director(s) attending in person ] [ [ Insert names of any directors attending by telephone as allowed by the Company’s articles of association ] (by telephone) ] [ [ Insert names of any directors attending by other permitted means under the Company’s articles of association ] (by [ insert other means ]) ] [ In attendance: ] [ [ Insert name of any attendee who does not count towards the...

No...

[ Name and address of recipient ] Date: [ insert date ] Dear [ Members OR Organisation name OR Directors OR Individual name ] [ insert company name ] [ LTD OR PLC ] — striking off application We write on behalf of [ insert company name ] [ LTD OR PLC ] (the Company). [ [ As you will be aware, the OR The ] Company has not been [ trading OR in operation ] since [ insert date ], and the directors have no plans to restart the Company’s activities. OR [ Insert other/additional reasons for striking off the company ]. ] As a result, the directors have resolved to submit an application for the Company to be removed from the register of companies. On [ insert date ], the Company’s directors filed a striking-off application with the Registrar of Companies. In line with the Companies Act 2006, a copy of the...

Applicant: [ initials and surname ], [ insert number of witness statement eg 1st ] Exhibits: [ 1–4 ] Date: [ insert date of witness statement ] Court Reference No: [ insert case number ] [ IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY COURTS [ OF ENGLAND AND WALES] [ IN [ insert location ]] IN THE COUNTY COURT AT [ insert location ] INSOLVENCY AND COMPANIES LIST ( Ch D) BUSINESS AND PROPERTY COURTS LIST OR IN THE HIGH COURT OF JUSTICE CHANCERY DIVISION [ insert location ] DISTRICT REGISTRY ] IN THE MATTER OF [ insert company name ] IN THE MATTER OF THE INSOLVENCY ACT 1986 [ Insert name of the administrator ], Administrator of [ insert name of company in administration ] — Applicant And [ Insert name(s) of company in administration ] in...