QFCH administration: are prior winding up petition costs an expense?

Published by a LexisNexis Restructuring & Insolvency expert

Q&As

When a winding-up petition is superseded because the company moves into a different insolvency regime, the writer’s experience is that the court will generally be prepared to grant an order directing that the costs of the petition be treated as an expense of that alternative insolvency procedure. The sole reported decision addressing this point in the context of administrations is Irish Reel Productions Ltd v Capitol Films Ltd. In that matter, the winding-up petition was thrown out at the very hearing at which an administration order was granted. In those circumstances, the court...

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Ryan Hocking

Gatehouse Chambers

Ryan has a busy, broad-based commercial and insolvency practice. He is a sought-after trial and appellate advocate, having acted in a number of cases of wider commercial significance to the client. Ryan's insolvency practice includes both personal and corporate insolvency, acting for office-holders as well as individuals and directors. He advises and acts in respect of (amongst other things) antecedent transactions, misfeasance, and litigation brought by office-holders. Within the wide category of commercial litigation, he has experience in matters relating to contractual disputes, civil fraud, partnerships and LLPs, professional negligence, financial regulation, unjust enrichment, and of cases with an international dimension (including injunctive relief and cross-border insolvencies). Ryan welcomes instructions to act as sole counsel or as part of a team, and has been led in the High Court (for example, being led by Brie Stevens-Hoare QC in the commercial fraud case of...

Web page updated on 11/06/2026

Popular documents

Using the Judicial College Guidelines to assess general damages in personal injury claims

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

Tomlin orders in England and Wales: CPR guidance on drafting, confidentiality, approval, variation, enforcement, limitation, CCA issues, court-specific requirements, sample wording and precedents

This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...

Precedent: Deed of Surrender of Lease with Optional Premium, Settlement and Release, Landlord, Mortgagee and Guarantor Consents, Reimbursement and HM Land Registry Provisions (England and Wales)

Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

Precedent Statutory Declaration: Standard Wording under the Statutory Declarations Act 1835

I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...