Legal Precedents

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...

This deed is dated [ insert day and month ] 20[ insert year ] Parties [ insert name of Lender ] of [ insert address ] (the Lender); and [ insert name of company in administration ], a company incorporated in England and Wales with registered number [ insert company number ], whose registered office is at [ insert address ] (the Chargor), acting by its [ Joint ] Administrator[s], [ insert name of (joint) administrator(s) ], of [ insert address of administrator(s) ] (the [ Joint] Administrator[s]). Recitals ( A) Pursuant to a [ debenture OR mortgage ] dated [ insert date ] (the [ Debenture OR Mortgage ]), the Chargor granted a charge over the [ Charged Property OR Assets ] (see definitions below)......

ARCHIVED: This Precedent is archived, and now remains unmaintained...

Closure Application Notice ARCHIVED: This Precedent is archived and is no longer maintained...

ARCHIVED: This Precedent is archived and no longer maintained...

Highways Act 1980, Section 56 Proceedings for an Order to Repair a Highway Addressed to: [ Enter the name and address of the highway authority, or other person or organisation thought to be responsible for upkeep of the highway or bridge concerned ] From: [ Enter the name and address of complainant ] 1 The highway [ or bridge ] described as [ insert street name, road classification......

The [ insert name of Traffic Authority ] ([ insert name of road and its location ]) ( Prohibition of [ Waiting OR Driving OR Loading OR Double Parking ]) Order [ insert year ] By virtue of the powers granted by section 2, sub-sections [ insert as appropriate ] of the Road Traffic Regulation Act 1984 (hereinafter referred to as ‘the 1984 Act’), together with all other enabling powers, and after consultation with the Chief Officer of Police, the [ insert name of Traffic Authority ] hereby makes the following Order: This Order, titled [ insert the Order’s full title as set out above ], shall come into force on [ insert commencement date ]. For the purposes of this Order, ‘ Parking Disc’ means a...

This precedent has been produced on the basis that the drafter is acting for the buyer. The following warranties have been prepared for a transaction where: The Buyer will provide pension benefits through its own arrangement or via an appointed provider; and Employees’ past service benefits will not be transferred to the Buyer’s arrangement. You are strongly advised to involve a pensions specialist at the earliest opportunity. 1 Definitions For the purposes of paragraphs 2 to 7 inclusive: Employee means [ [specify as necessary, either by category or by named individuals ]; Pension Scheme [ s ] mean [ s ] [ [ name(s) of scheme(s) ] OR an arrangement or practice for the payment of, or contribution towards, an annuity, pension, lump sum, gratuity or similar benefit to be given on retirement, long-term ill-health or death, or pursuant to a pension sharing order, in relation to the service or...

This template is prepared on the footing that the drafter acts for the buyer. The warranties below are framed for a transaction where the Buyer: chooses to mirror pension entitlements for transferring Employees within the same pension scheme by executing a deed of substitution to participate and take on responsibility for the scheme, or agrees to accept a transfer of Employees’ past service benefits from the Seller’s pension scheme into its own scheme. You are strongly advised to engage a pensions specialist at the earliest opportunity. 1 Interpretation and definitions For the purposes of paragraphs 2 to 7 (inclusive): [ Employee means [ define as required, either by class or by naming individuals ]; ] Pension Scheme [s] mean[s] [ [ insert name(s) of scheme(s) ] OR any arrangement or practice for the payment of, or...

Date: [ insert date ] (1) [ Name of Principal Company ] (2) [ Names of Trustees ] (3) [ Name of New Employer ] Deed of Participation relating to [ Name of Scheme ] This Deed is executed the [ insert day ] day of [ insert month ] 20[ insert year ]. Parties [ insert full company name ] registered in England and Wales under company number [ insert number ] and with its registered office at [ insert registered company address ] (the “ Principal Company”); [ [ insert full name of company ] registered in England and Wales under company number [ insert number ] and with its registered office at [ insert registered company address ] OR [ insert individual name(s) ] of [ insert individual address(es) ] ] (the “...

This precedent is produced on the assumption that the drafter acts for the buyer and on the footing that the target company (the Company) is a subsidiary of the Seller. You are strongly encouraged to engage a pensions specialist at the earliest opportunity. 1 Definitions For the purposes of paragraphs 2 to 9 (inclusive): Employee means any current or former employee, officer or director of the Company [ or of any Group Company ] [ and any other person involved in managing the affairs of the Company ]; Pension Scheme[s] means [ [ name(s) of scheme(s) ] OR an arrangement or practice for the payment of, or contribution towards, an annuity, pension, lump sum, gratuity or similar benefit to be provided on retirement, ill-health, death or change in service status, or pursuant to a pension sharing order, in relation to the service or...

This precedent has been produced on the footing that the drafter is acting for the buyer. It proceeds on the understanding that the target company (the Company) is a subsidiary of the Seller. It is strongly recommended that a pensions specialist is engaged at the earliest opportunity. 1 Definitions For the purposes of paragraphs 2 to 7 (inclusive): Employee denotes any current or former employee, officer, or director of the Company [ or of any Group Company ] [ as well as any other individual involved in the management of the affairs of the Company ]; Pension Scheme refers to any arrangement or practice for the payment of, or contribution towards, an annuity, pension, lump sum, gratuity, or comparable benefit to be provided on retirement, ill-health, death, or change in service status, or under a pension sharing order, in relation to the service or historic service of an...