Legal Precedents

(pursuant to Part 26 of the Companies Act 2006 of Great Britain) Between [ insert name of company ] and its Scheme Creditors (as defined in the Scheme of Arrangement). Dated [ insert date ] 1 Definitions and Interpretation For the purposes of the Scheme, unless the context dictates otherwise or an express provision states differently, the following terms have these meanings: Act – refers to the Companies Act 2006 of Great Britain; Admissible Interest – denotes any interest provided for under a contract, any relevant statute, or any other applicable law or judgment; Admitted Claim – signifies the balance, if any, remaining due from the Company to a Scheme Creditor under clause 10.1 after applying set-off pursuant to clause 11.1; Agreed Claim – the amount determined as owed by the Company in respect of a Scheme Creditor’s Claim in accordance with clause 8; Available...

[ include name, address and contact details ] [ author’s reference ] [ add date ] To: [ provide the name(s) of the administrator(s) of the company or any other relevant person(s) at their firm to whom this letter should be sent, for example the case manager ] [ set out the full name and address of the administrator(s)’ firm ] Dear [ insert salutation ] [ state the company name ] (in administration) (the Company) Request for consent to commence proceedings against the Company for [ insert brief details of the claim, for example repossession of the Company's goods ] pursuant to paragraph 43 [ insert relevant sub-paragraph depending on the claim ] of Schedule B1 to the Insolvency Act 1986 We represent [ insert the name of the creditor ], a [ insert details of the creditor’s......

Court Reference No: [ INSERT COURT REF. NUMBER ] [ IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY COURTS [ OF ENGLAND AND WALES] [ IN [ INSERT LOCATION ]] [ INSOLVENCY AND COMPANIES LIST ( Ch D)] OR [ IN THE COUNTY COURT AT [ INSERT LOCATION ] ] [ BUSINESS AND PROPERTY COURTS LIST] OR [ IN THE HIGH COURT OF JUSTICE [ CHANCERY DIVISION ] ] IN THE MATTER OF [ INSERT COMPANY NAME ] IN THE MATTER OF THE INSOLVENCY ACT 1986 Proposal for a Company Voluntary Arrangement This document, advanced by the Company’s directors, is drawn up pursuant to [ Part I Insolvency Act 1986 and in accordance with the provisions of Parts 1 and 2 of The Insolvency ( England and Wales) Rules 2016 ]. To: [ insert addressee eg the Nominees ] Dated [ insert date ] 1...

This Agreement is entered into on [ insert day and month ] 20[ insert year ] Parties The Lenders (as identified in Schedule 1) (the Lenders); and [ insert name of debtor company ], a company incorporated in [ insert country eg England and Wales ] under number [ insert registered number ] whose registered office is at [ insert address ] (the Company); ( Each of the Lenders and the Company is a Party and, collectively, the Lenders and the Company are the Parties). Recitals The Parties have executed the following Finance Documents: [ insert list of finance documents ]. As at the Commencement Date, the amounts [ listed in OR calculated in accordance with Schedule 2 ] are owed under the Finance Documents. The Lenders consent to a moratorium on exercising their rights arising from any Event of Default or any...

Date [ insert date of surrender ] Parties [ insert name of Landlord ] [ of [ insert address ] OR incorporated in England and Wales with company registration number [ insert company registration number ], whose registered office is at [ insert address ] ] (the Landlord); [ insert name of company in administration ] (in administration), incorporated in England and Wales with company registration number [ insert company registration number ], whose registered office is situated at [ insert registered address of company ], acting by its [ joint ] administrator[ s ] (the Tenant); [ insert name of administrator ], ( Insolvency Practitioner) of [ insert name and address of administrator’s company ] [ and [ insert name of second administrator ] ( Insolvency Practitioner) of [ insert name and address of administrator’s company ] ] ( [ together, ] the...

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...

On behalf of: applicant By: [ insert name ] No: [ insert statement number ] Exhibits: [ insert details ] Date: [ insert date ] Filed: [ insert date ] Court Reference No: [ INSERT COURT REF. NUMBER ] [ IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY COURTS [ OF ENGLAND AND WALES] [ IN [ INSERT LOCATION ]] [ COMPANY & INSOLVENCY LIST ( Ch D)] OR IN THE COUNTY COURT AT [ INSERT LOCATION ] [ BUSINESS AND PROPERTY COURTS LIST] OR IN THE HIGH COURT OF JUSTICE [ CHANCERY DIVISION] ] In the matter of [ insert company name ] And in the matter of the Companies Act 2006 Statement of [ insert full name ] I, [ insert full name ], being the [ insert role/job title ] of [ insert company name ] of [ insert...

INSOLVENCY ACT APPLICATION NOTICE Note: Use with an application notice compliant with IR 2016 ( Form IAA), r 1.35. In the High Court ( Business and Property Courts, Insolvency and Companies List ( Ch D)) or the County Court at [ insert location ]. In the matter of [ insert company’s name ]/[ insert bankrupt’s name ]. Under IR 2016 r 12.9 and Sch 4 para 1(5). Applicant(s): [ insert names/addresses ]. Respondent(s): [ insert names/addresses ]. Concerns: [ insert details ]. Before [ identify level of judge ] at [ identify court/hearing centre ]. Court ref: [ insert number ]. Alternative service, e.g. on solicitors, by post to last known address, local press, SMS/ Whats App/voice, message to last known Facebook/ X/ Linked In directing collection from a stated address, or any other suitable method. Costs to be paid by the...

This Agreement is dated [ insert day and month ] 20[ insert year ] Parties The Consenting Lenders (as set out in Schedule 1); [ The Consenting Bondholders (as set out in Schedule 2); ] [ insert name of debtor company ], a company registered in [ insert country eg England and Wales ] with company number [ insert registered number ], whose registered office is at [ insert address ]; [ The Material Companies (as set out in Schedule 3); ] Recitals On [ insert date ], the directors of the Company announced a proposal to restructure the claims of certain creditors of the [ Company OR Group ] following a period of financial distress. On [ insert date ], the Company and certain creditors entered into a Standstill Agreement in connection with the proposed...

Although both liquidators and administrators may pursue a wrongful trading action under sections 214 or 246ZB of the Insolvency Act 1986, respectively, this Precedent is prepared principally from the standpoint of a liquidator advancing such proceedings......

On behalf of Applicant By: [ insert name ] Statement No 1 Exhibits: [ insert details ] Date: [ insert date ] Filed: [ insert date ] Court Reference No: [ INSERT COURT REF. NUMBER ] Court and List [ In the High Court of Justice, Business and Property Courts [of England and Wales] at [ insert location ], Insolvency and Companies List ( Ch D); or in the County Court at [ insert location ], Business and Property Courts List; or in the High Court of Justice, Chancery Division ] In the matter of [ insert company name ] And in the matter of the Companies Act 2006 Statement of [ Insert full name ] I, [ Insert full name ], of [ insert firm/company name ] of [ insert address ], state as follows: I serve as a [ insert...

Applicant: [ enter initials and surname ]: First: (exhibits) 1–4: [ enter date ] 20[ enter year ] Court Ref. No: [ ENTER COURT REF....

Court Reference No: [ Provide court reference ]...

Introduction I, [ insert debtor's name ], invite my creditors to consider an individual voluntary arrangement ( IVA). From the attached estimated statement of affairs, it is apparent I am insolvent: I cannot pay my debts as they fall due, and my liabilities outweigh my assets. I face two options—either petition for my own bankruptcy or propose an IVA to my creditors. I first reviewed my position with my Nominee, [ insert nominee's name ], on [ insert date of meeting ], who advised that I obtain independent insolvency advice. My Nominee has explained all available debt resolution processes; having reflected on that advice, I believe an IVA would benefit both my creditors and me. I outline below why an IVA would be advantageous: The total funds achievable through the IVA are higher than those likely in my...

[ include the author’s name, address and contact information or reference ] [ include date ] To: [ provide the name(s) of the person(s) to whom the letter is directed ] [ provide the full address(es) of each addressee ] Dear [ Sir(s) and/or Madam ] Notice pursuant to Section 307 of the Insolvency Act 1986 [ set out the bankrupt’s full name and the complete court particulars and court number relating to the bankruptcy, together with the full particulars (for example, address and title number) of the property that the trustee claims as after‑acquired property ]......

Applicant(s): [ insert initials and surname ] [ insert witness statement number 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 company’s name ] AND IN THE MATTER OF THE INSOLVENCY ACT 1986 BETWEEN [ Insert name(s) of the Applicant(s) ] Applicant(s) AND [ Insert name(s) of the Respondent(s) ] Respondent(s) [ INSERT NUMBER ] Witness statement of [ Insert name OF OFFICE- HOLDER ] I, [ insert name of the...

This formal letter serves hereby to notify the bankrupt and any additional co-owner (or occupier) of the relevant property in question that the trustee in bankruptcy (the trustee) intends to realise their beneficial interest in that property. It should generally be sent only once the trustee has resolved to formally issue a court application for possession and sale, or adapted suitably if they do not propose to apply to the court at this stage. Individual letters must be addressed and posted separately to all co-owners/occupiers, ensuring the trustee can be fully confident each has been clearly notified of the position. The precedent is written in neutral terms so as to allow easy adaptation and appropriate modification where required, and is framed on the basis that it is to be sent by the trustee’s solicitor......

Applicant and Statement Details Applicant(s): [ insert initials and surname ] Statement number: [ 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 company’s name ] OR IN THE MATTER OF [ insert bankrupt’s name ] IN BANKRUPTCY ] AND IN THE MATTER OF THE INSOLVENCY ACT 1986 BETWEEN [ Insert name(s) of the...

IN THE HIGH COURT OF JUSTICE Business and Property Courts of England and Wales at [insert location], Insolvency and Companies List ( Ch D); or in the County Court at [insert location], Business and Property Courts List; or in the High Court of Justice, Chancery Division. Claim No: [ No.] of [insert year] Claimant In the matter of [insert name of company] and in the matter of Part 26 of the Companies Act 2006 Defendant(s) Does this claim involve any issues under the Human Rights Act 1998? [ Yes or No] Defendant’s name and address Details of claim (see also overleaf) A. The above company (the Applicant) seeks the following orders and directions: An order sanctioning a scheme of arrangement (the Scheme) under section 899(1) of the Companies Act 2006, provided the Scheme has been approved by the requisite creditor majorities; Upon such approval, that the application to sanction the Scheme be listed for...

Applicant: [ add initials and surname ], [ add sequence of witness statement e.g. 1st ] Exhibit: [ add description of exhibit ] Date: [ add date of witness statement ] Case number: [ add case number ] [ IN THE HIGH COURT OF JUSTICE, BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES, INSOLv ENCY AND COMPANIES LIST ( Ch D); OR IN THE HIGH COURT OF JUSTICE, BUSINESS AND PROPERTY COURTS IN [ add location ], INSOLv ENCY AND COMPANIES LIST ( Ch D); OR IN THE COUNTY COURT AT [ add location ], BUSINESS AND PROPERTY WORK ] IN THE MATTER OF [ add company’s name ] AND IN THE MATTER OF THE INSOLVENCY ACT 1986 BETWEEN [ add name of the Applicant ] Applicant AND [ add names of the Respondents ] Respondents [ ENTER NUMBER ] Witness statement by [ add name of...