Legal Precedents

Application notice in insolvency proceedings (corporate) Insolvency Act Application Notice 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, r1.35 VAR Insolvency Act Application Notice... Case no: [insert case number] Court: [select the appropriate High Court listing and location, or County Court at [location], Business and Property Work] In the matter of: [insert company’s name] and the Insolvency Act 1986 Parties: [ Applicant] v [ Respondent(s)] Statutory basis: paragraph 43 [relevant sub‑section] of Schedule B1 to the Insolvency Act 1986 Applicant/ Respondent details: [names and addresses] Company details: [subject of the proceedings] Judge level and venue: [identify judge] in [court or hearing centre] Within existing insolvency proceedings: YES/ NO; court reference: [insert] Relief sought: ...

To be printed on [ Name of company in administration ] headed paper To: [ Insert name(s) and address and company number (if relevant) of entity who you are granting the licence to occupy to ] (the ' Licensee') Date: [ insert date ] Dear [ insert name of purchaser ], Licence to occupy Land [and buildings] at [ insert full address and description of property including title number ] (the ‘ Property ’) You will be aware that we hold the Property pursuant to a lease granted by [ insert name of Landlord ] ('the Landlord') dated [ insert date of Lease ] (the ' Lease')......

Parties [ Name of company in administration or liquidation ] (in [ administration OR liquidation ]) (the Company), with its address at [ Company’s address ], acting by [ [ individual's name ], in his capacity as [ Administrator OR Liquidator ] of [ the Company ], of [ Company’s address or Office- Holder’s address (if different) ] (the Office- Holder) OR [ individual's name ], in his capacity as [ Administrator OR Liquidator ] of [ name of company in administration or liquidation ] (in [ administration OR liquidation ]) (the Company), of [ Company’s address or Office- Holder’s address (if different) ] (the Office- Holder) ] [ creditor's name ] of [ creditor’s address ] (the Creditor) Recitals [ On [ date ], the court made a winding-up order against the Company following the petition of [ name of the...

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 ( Ch D)) 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...

INSOLVENCY ACT APPLICATION NOTICE Use this Precedent alongside an application notice template that accords with the Insolvency ( England and Wales) Rules 2016, SI 2016/1024, including Form IAA under IR 2016, r 1.35. Complete the following: case number; court heading ( High Court— Business and Property Courts, Insolvency and Companies List ( Ch D), specifying location where appropriate, or County Court— Business and Property Work); and the matter (company or bankrupt) in bankruptcy and under the Insolvency Act 1986. Identify the Applicant(s) and Respondent(s) with full names and addresses, the company/bankrupt concerned, and the judicial level and court or hearing centre. Confirm whether the application sits within existing insolvency proceedings ( YES/ NO) and provide the related court reference. Statutory basis: section(s) 238, 239, 339 and/or 340. Relief sought: declaration of...

Court Reference No: [ ENTER COURT REF ]...

This Agreement is entered into on [ insert day and month ] 20 [ insert year ] Parties [ insert name of insolvency representative ], acting in the capacity of [ insert capacity eg liquidator or administrator or trustee or custodian or supervisor or curator or examiner ] of [ insert name of company(ies) appointed over ] in [ insert name of country A ], appointed pursuant to a decision of the [ insert name of court or administrative or governmental or regulatory body appointing them ] dated [ insert date ]; [ insert name of insolvency representative ], acting in the capacity of [ insert capacity eg liquidator or administrator or trustee or custodian or supervisor or curator or examiner ] of [ insert name of company(ies) appointed over ] in [ insert name of country B ], appointed pursuant to a...

For: Applicant Prepared by: [ insert name ] Number: 1 Exhibit(s): [ insert details ] Dated: [ insert date ] Lodged: [ insert date ] Court Ref. 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 ] 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 address ], say as follows: 1...

VAR Insolvency Act Application Notice Note: This precedent should be used in conjunction with an application notice template complying with the Insolvency ( England and Wales) Rules 2016, SI 2016/1024—refer to: ( Form IAA) IR 2016, r 1.35 Court Reference No: [ INSERT COURT REF ]......

1 Introduction The current time is [ insert the exact time ], and I hereby formally commence and open the meeting of Scheme Creditors of [ insert name of the company ] [ with [ insert type of claim ] claims, and the meeting of Scheme Creditors of [ insert name of the company ] with [ insert type of claim ] Claims ]. My name is [ insert name ], from [ insert firm or company name ][ insert details of who the chairperson is eg adviser/administrator/provisional liquidator, etc ]. The meeting [ s ] that [ is OR are ] being held today [ has OR have ] been called by the Company under an Order of the High Court of Justice of England & Wales issued on [ insert date ]. The aim of the Meeting [ s ] is to review and, if...

(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...

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...