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Personal Insolvency Practice: Litigation, Procedure and Precedents 3rd ed

Personal Insolvency Practice: Litigation, Procedure and Precedents 3rd ed

  • 作者:
  • 出版商: Wildy, Simmonds and Hill Publishing
  • ISBN: 9780854903016
  • Previous Edition ISBN: 9780854902330
  • 出版时间 July 2023
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
¥1,527.50
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  • 描述 
  • 大纲 
  • 详细

    Now in its third edition, Personal Insolvency Practice is an indispensable guide to the most common personal insolvency applications for solicitors and barristers. Updated to take account of EX50A Guidance on Court Fees 2022 and Chancery Guide 2022, the book provides the busy practitioner with a comprehensive range of useful precedents and checklists, and sets out the key statutory and practice material for each application. The book provides practitioners with answers to questions such as:

    • What form do I use?
    • What fee do I pay?
    • What does my evidence need to cover?
    • Which court should I file at? • Who do I need to serve?
    • What will the judge be looking for?

    This edition also contains new precedents for claims under section 423, Insolvency Act 1986 in the wake of Moffat v Moffat [2021] BPIR 1309 and Manolete Partners v Hayward & Barrett Holdings [2021] BPIR 427.

  • Foreword to the Third Edition
    Table of Cases
    Table of Statutes
    Table of Statutory Instruments
    Table of Practice Directions and Practice Notes
    Table of International Material
    Table of Forms and Guides

    1.
    STATUTORY DEMAND
    Objective
    Statutory form
    Service
    Evidence
    Notes
    Key materials
    Section 268 of the Insolvency Act 1986
    Rules 10.1–10.3 of the Insolvency (England and Wales) Rules 2016
    Precedents
    1.1 Creditor’s statutory demand
    1.2 Certificate of personal service

    2.
    APPLICATION TO SET ASIDE A STATUTORY DEMAND
    Objective
    Application
    Court fees
    Time limit
    Evidence
    Key materials
    Rules 10.4 and 10.5 of the Insolvency (England and Wales) Rules 2016
    Precedent
    2.1 Application to set aside a statutory demand

    3.
    CREDITOR’S BANKRUPTCY PETITION
    Objective
    Expediting the petition and the hearing
    Petition
    Evidence
    Court fees
    Service
    Hearing
    Withdrawal or dismissal
    Key materials
    Sections 264–271 of the Insolvency Act 1986
    Rules 10.6–10.17, 10.20–10.26 and 10.30 of the Insolvency (England and Wales) Rules 2016
    Precedents
    3.1 Bankruptcy petition
    3.2 Witness statement verifying the bankruptcy petition
    3.3 List of appearances
    3.4 Certificate of continuing debt

    4.
    RESPONDING TO A CREDITOR’S PETITION: NOTICE TO ATTEND AT THE HEARING OF A PETITION
    Objective
    Notice of intention to appear
    Court fees
    Service
    Key materials
    Rules 10.17–10.19, 10.27 and 10.29–10.30 of the Insolvency (England and Wales) Rules 2016
    Precedents
    4.1 Notice by debtor of intention to oppose bankruptcy petition
    4.2 Witness statement in opposition to the petition for bankruptcy

    5.
    RESPONDING TO A PETITION: APPLICATION FOR A VALIDATION ORDER
    Objective
    Application
    Court fees
    Evidence
    Service
    Key materials
    Section 284 of the Insolvency Act 1986
    Paragraph 14.8 of the CPR Practice Direction – Insolvency Proceedings
    Precedents
    5.1 Ordinary application for a validation order pursuant to section 284 of the Insolvency Act 1986
    5.2 Draft validation order
    5.3 Debtor’s witness statement in support of an application for a validation order
    5.4 Accountant’s witness statement in support of an application for a validation order

    6.
    APPLICATION TO ANNUL A BANKRUPTCY ORDER
    Objective
    Application
    Court fees
    Evidence
    Service
    Report by trustee
    Applicant’s claim that remuneration is or expenses are excessive
    Hearing
    Key materials
    Sections 261 and 282 of the Insolvency Act 1986
    Rules 10.132–10.141 of the Insolvency (England and Wales) Rules 2016
    Precedents
    6.1 Application for annulment under section 282(1)(b) of the Insolvency Act 1986
    6.2 Draft order for annulment under section 282(1)(b) of the Insolvency Act 1986
    6.3 Witness statement in support of an application for annulment under section 282(1)(b) of the Insolvency Act 198

    7.
    APPLICATION TO RESCIND A BANKRUPTCY ORDER
    Objective
    Application
    Court fees
    Evidence
    Service
    Key materials
    Section 375 of the Insolvency Act 1986
    Precedents
    7.1 Application for rescission under section 375 of the Insolvency Act 1986
    7.2 Draft order for rescission under section 375 of the Insolvency Act 1986
    7.3 Witness statement in support of an application for rescission under section 375 of the Insolvency Act 1986

    8.
    APPLICATION FOR PERMISSION TO ACT AS A DIRECTOR OF A COMPANY NOTWITHSTANDING BANKRUPTCY
    Objective
    Application
    Court fees
    Evidence
    Service
    Official Receiver’s report
    Hearing
    Key materials
    Section 11 of the Company Directors Disqualification Act 1986
    Rules 9.25–9.27 of the Insolvency (England and Wales) Rules 2016
    Precedents
    8.1 Application for permission under section 11 of the Company Directors Disqualification Act 1986
    8.2 Draft order for permission under section 11 of the Company Directors Disqualification Act 1986
    8.3 Witness statement in support of an application for permission under section 11 of the Company Directors Disqualification Act 1986

    9.
    APPLICATION FOR DIRECTIONS BY A TRUSTEE IN BANKRUPTCY
    Objective
    Application
    Court fees
    Evidence
    Service
    First hearing
    Key materials
    Section 303(2) of the Insolvency Act 1986
    Precedents
    9.1 Ordinary application for directions by the trustee in bankruptcy
    9.2 Witness statement in support of an application for directions
    9.3 Order on the trustee’s application for directions

    10.
    APPLICATION TO APPOINT AN INTERIM RECEIVER
    Objective
    Application
    Court fees
    Evidence
    Service
    Hearing
    Key materials
    Section 286 of the Insolvency Act 1986
    Rules 10.49–10.54 of the Insolvency (England and Wales) Rules 2016
    Precedents
    10.1 Application for the appointment of an interim receiver
    10.2 Witness statement in support of an application for an interim receiver
    10.3 Draft order appointing an interim receiver

    11.
    APPLICATION FOR COMPENSATION AGAINST A TRUSTEE IN BANKRUPTCY
    Objective
    Application
    Court fees
    Evidence
    Service
    First hearing
    Key materials
    Section 304 of the Insolvency Act 1986
    Precedents
    11.1 Application for compensation against a trustee in bankruptcy
    11.2 Witness statement in support of an application for compensation against a trustee in bankruptcy
    11.3 Declaration that there has been a breach of duty by a trustee in bankruptcy

    12.
    APPLICATION FOR AN ORDER FOR THE SALE OF THE BANKRUPT’S HOME
    Objective
    Application
    Court fees
    Evidence
    First hearing
    Service
    Key materials
    Sections 283A, 313A, 335A, 336, 337 and 338 of the Insolvency Act 1986
    Rules 10.121–10.124 and 10.167–10.170 of the Insolvency (England and Wales) Rules 2016
    Precedents
    12.1 Application for a declaration of interest and order for sale of the bankrupt’s matrimonial home
    12.2 Witness statement in support of an application for a declaration of interest in and order for sale of the bankrupt’s matrimonial home
    12.3 Declaration of interest and order for sale of the bankrupt’s matrimonial home

    13.
    APPLICATION FOR AN INTERIM ORDER IN SUPPORT OF AN INDIVIDUAL VOLUNTARY ARRANGEMENT
    Objective
    Application
    Court fees
    Evidence
    Service
    Steps following the making of an interim order
    Further directions
    Key materials
    Sections 252–256 of the Insolvency Act 1986
    Rules 8.8–8.18 of the Insolvency (England and Wales) Rules 2016
    Precedents
    13.1 Ordinary application for an interim order
    13.2 Witness statement in support of an application for an interim order
    13.3 Interim order of court under section 252 of the Insolvency Act 1986

    14.
    APPLICATION FOR LEAVE TO ENFORCE SECURITY OR SEEK POSSESSION DESPITE AN INTERIM ORDER
    Objective
    Application
    Court fees
    Evidence
    Service
    Key materials
    Section 254 of the Insolvency Act 1986
    Precedents
    14.1 Ordinary application for permission to enforce security despite an interim order
    14.2 Witness statement in support of an application for permission to enforce security despite an interim order
    14.3 Order for permission to enforce security despite an interim order

    15.
    APPLICATION TO CHALLENGE DECISIONS MADE BY A MEETING FOR AN INDIVIDUAL VOLUNTARY ARRANGEMENT
    Objective
    Application
    Court fees
    Evidence
    Service
    Key materials
    Sections 262–262B of the Insolvency Act 1986
    Rules 8.22–8.24 of the Insolvency (England and Wales) Rules 2016
    Precedents
    15.1 Application for an order revoking a decision made by the creditors’ meeting in an individual voluntary arrangement
    15.2 Witness statement in support of an application for an order revoking a decision made by the creditors’ meeting in an individual voluntary arrangement
    15.3 Draft order revoking a decision made by the creditors’ meeting in an individual voluntary arrangement

    16.
    APPLICATION TO CHALLENGE DECISIONS IN RESPECT OF A DEBT RELIEF ORDER
    Overview
    Application
    Court fees
    Evidence
    Service
    Key materials
    Sections 251M and 251X of the Insolvency Act 1986
    Rules 9.14 and 9.21–9.22 of the Insolvency (England and Wales) Rules 2016
    Precedents
    16.1 Ordinary application for an order revoking a debt relief order
    16.2 Witness statement in support of an application for an order revoking a debt relief order
    16.3 Draft order revoking a debt relief order

    17.
    APPLICATION FOR AN INCOME PAYMENT ORDER
    Objective
    Application
    Court fees
    Evidence
    Service
    Key materials
    Sections 310–310A of the Insolvency Act 1986
    Rules 10.109–10.114 of the Insolvency (England and Wales) Rules 2016
    Precedents
    17.1 Application for an income payment order pursuant to section 310 of the Insolvency Act 1986
    17.2 Witness statement in support of an application for an income payment order
    17.3 Income payment order

    18.
    APPLICATION FOR A PRIVATE EXAMINATION
    Objective
    Application
    Court fees
    Service
    Witness statement
    First hearing
    Return date
    Warrant for arrest
    Key materials
    Sections 366–369 of the Insolvency Act 1986
    Rules 12.17–12.22 of the Insolvency (England and Wales) Rules 2016
    Precedents
    18.1 Letter requesting documents before an application is made for a private examination
    18.2 Application for a private examination
    18.3 Witness statement in support of an application for a private examination
    18.4 Order for private examination
    18.5 Warrant for the arrest of the examinee on his failure to attend a private examination

    19.
    APPLICATION FOR A DECLARATION THAT A TRANSACTION IS INVALIDATED BY VIRTUE OF SECTION 284 OF THE INSOLVENCY ACT 1986
    Objective
    Application
    Court fees
    Evidence
    Service
    First hearing
    Key materials
    Section 284 of the Insolvency Act 1986
    Precedents
    19.1 Application for a declaration of invalidity of a transfer pursuant to section 284 of the Insolvency Act 1986
    19.2 Witness statement for a declaration that the transaction is invalidated by section 284 of the Insolvency Act 1986
    19.3 Declaration that a transaction is invalidated pursuant to section 284 of the Insolvency Act 1986

    20.
    APPLICATION TO SET ASIDE A TRANSACTION AT AN UNDERVALUE
    Objective
    Application
    Court fees
    Evidence
    Service
    First hearing
    Key materials
    Sections 339, 341–342 and 435 of the Insolvency Act 1986
    Precedents
    20.1 Application for a declaration that a payment is a transaction at an undervalue pursuant to section 339 of the Insolvency Act 1986
    20.2 Witness statement to set aside a transaction at an undervalue pursuant to section 339 of the Insolvency Act 1986
    20.3 Declaration that a payment is a transaction at an undervalue pursuant to section 339 of the Insolvency Act 1986

    21.
    APPLICATION TO SET ASIDE A PREFERENCE
    Objective
    Application
    Court fees
    Evidence
    Service
    First hearing
    Key materials
    Sections 340–342 and 435 of the Insolvency Act 1986
    Precedents
    21.1 Application for a declaration of a preference pursuant to section 340 of the Insolvency Act 1986
    21.2 Witness statement for a declaration of a preference pursuant to section 340 of the Insolvency Act 1986
    21.3 Declaration of a preference pursuant to section 340 of the Insolvency Act 1986

    22.
    APPLICATION TO SET ASIDE A TRANSACTION DEFRAUDING CREDITORS
    Objective
    Claim
    Court fees
    Evidence
    Key materials
    Sections 423–425 of the Insolvency Act 1986
    Precedents
    22.1 Claim for a declaration that a payment is a transaction defrauding creditors pursuant to section 423 of the Insolvency Act 1986
    22.2 Particulars of claim in support of a claim to set aside a fraudulent transaction pursuant to section 423 of the Insolvency Act 1986
    22.3 Witness statement to set aside a fraudulent transaction pursuant to section 423 of the Insolvency Act 1986
    22.4 Declaration that a payment is a transaction defrauding creditors pursuant to section 423 of the Insolvency Act 1986

    23.
    APPEAL
    Objective
    Appeal notice
    Court fees
    Service
    Respondent’s notice
    Appeal bundle
    Time limits
    Key materials
    Part Four of the CPR Practice Direction – Insolvency Proceedings
    Rules 12.58 and 12.61 of the Insolvency (England and Wales) Rules 2016
    Schedule 10 to the Insolvency (England and Wales) Rules 2016

    24.
    TOOLKIT
    Issuing proceedings in the Royal Courts of Justice
    Courts Electronic Filing – CE-File
    County court or High Court?
    Insolvency and Companies Court judge or High Court judge?
    Urgent applications
    Evidence
    Bundles
    Time estimates
    Skeleton arguments
    Useful email addresses
    The Royal Courts of Justice
    The County Court at Central London
    Court dress
    Court fees
    Key materials
    Rules 1.5, 1.6, 1.35, 10.11 and 12.5 of the Insolvency (England and Wales) Rules 2016
    Schedule 4 to the Insolvency (England and Wales) Rules 2016
    Schedule 5 to the Insolvency (England and Wales) Rules 2016
    Schedule 6 to the Insolvency (England and Wales) Rules 2016
    Parts One and Three of the CPR Practice Direction – Insolvency Proceedings
    Precedents
    24.1 Blank application form
    24.2 Certificate of urgency
    24.3 Bankruptcy petition on default of a voluntary arrangement
    24.4 Creditor’s bankruptcy petition on failure to comply with a statutory demand for a liquidated sum payable at a future date
    24.5 Creditor’s bankruptcy petition on failure to comply with a statutory demand for a liquidated sum payable immediately
    24.6 Creditor’s bankruptcy petition where execution or other process on a judgment has been returned in whole or part
    24.7 Debtor’s notice of opposition
    24.8 List of appearances
    24.9 Notice of persons intending to appear
    24.10 Statutory demand under section 268(1)(a) of the Insolvency Act 1986. Debt for liquidated sum payable immediately following a judgment or order of the court
    24.11 Statutory demand for a liquidated sum
    24.12 Statutory demand for a debt payable at a future date
    24.13 Listing certificate for a non-attendance pre trial review

    Index

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