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

Mark Watson-Gandy

ISBN13: 9780854903047

To be Published: September 2025

Publisher: Wildy, Simmonds and Hill Publishing

Country of Publication: UK

Format: Hardback

Price: £145.00

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Subjects:: Insolvency Law, Wildy, Simmonds and Hill

Contents:: 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; Statutory form; Service; Evidence; Notes; Key statutory provisions; Sections 123 and 221 of the Insolvency Act 1986; Rules 1.6 and 7.3 of the Insolvency (England and Wales) Rules 2016; Precedent; 1.1 Creditor’s statutory demand; 2 Creditor’s Winding-up petition against a UK-registered Company; Objective; Petition; Evidence; Court Fees; Service; Advertisement (notice of the petition); Certificate of compliance; The hearing; Key statutory provisions; Sections 122 to 125 and 221 of the Insolvency Act 1986; Rules 7.4 to 7.15 of, and paragraphs 2 and 6 of Schedule 4 to, the Insolvency (England and Wales) Rules 2016; Paragraphs 9.1 to 9.9 of Part Two of the CPR Practice Direction – Insolvency Proceedings; Precedents; 2.1 Creditor’s winding-up petition; 2.2 Statement of truth verifying the winding-up petition; 2.3 Advertisement of a winding-up petition; 2.4 Certificate of compliance; 2.5 List of persons attending; 3 Responding to a Creditor’s Petition: Notice to Appear at the Hearing of a Petition; Objective; Notice of intention to appear; Service; Company’s evidence; Other parties; Key statutory provisions; Rules 7.14 to 7.18 of the Insolvency (England and Wales) Rules 2016; Precedents; 3.1 Supporting creditor’s notice of intention to appear; 3.2 Supporting creditor’s application to be substituted as petitioner; 3.3 Order that a supporting creditor be substituted as petitioner; 4 Responding to a Statutory Demand: Application to Restrain the Presentation of a Petition Objective; Warning letter; Application; Court fees; Service; Evidence; Key statutory provisions; Rules 7.24 and 7.25 of the Insolvency (England and Wales) Rules 2016; Paragraph 3.2 of Part One of the CPR Practice Direction – Insolvency Proceedings; Precedents; 4.1 Application for an order restraining the presentation of a; winding-up petition; 4.2 Witness statement in support of an application for an order; restraining the presentation of a winding-up petition; 4.3 Draft minute of an order made without notice restraining the; presentation of a winding-up petition; 5 Responding to a Petition: Application to Restrain the Advertisement of a Petition; Objective; Warning letter; Application; Court fees; Service; Without notice; Evidence; Key statutory provisions; Rules 7.24 and 7.25 of the Insolvency (England and Wales) Rules 2016; Precedents; 5.1 Application for an order to restrain advertisement; 5.2 Witness statement in support of an application for an order to; restrain advertisement; 5.3 Draft minute of an order made without notice restraining the; advertisement of a winding-up petition; 5.4 Draft minute of an order made on notice restraining the; advertisement of a winding-up petition; 6 Responding to a Petition: Application for a Validation Order; Objective; Application; Court fees; Evidence; Service; Key statutory provisions; Sections 127 to 129 of the Insolvency Act 1986; Practice Direction – Order under section 127 of the Insolvency Act 1986; Paragraph 9.11 of Part Two of the CPR Practice Direction – Insolvency Proceedings; Precedents; 6.1 Application for a validation order; 6.2 Draft validation order; 6.3 Director’s witness statement in support of an application for a validation order; 6.4 Accountant’s witness statement in support of an application for a validation order; 7 Application to Rescind a Winding Up Order; Objective; Application; Service; Court fees; Evidence; Key statutory provisions; Rule 12.59 of, and Schedule 5 to, the Insolvency (England and Wales) Rules 2016; Paragraph 9.10 of Part Two of the CPR Practice Direction – Insolvency Proceedings; Precedents; 7.1 Application to extend time and rescind the winding up order; 7.2 Witness statement in support of an application to extend time and rescind the winding up; 8 Winding-up petition on Just and Equitable; Grounds; Objective; Petition; Evidence; Court fees; Service; Advertisement; The hearing; Key statutory provisions; Sections 122(1)(g) and 124 to 125 of the Insolvency Act 1986; Rules 7.25, 7.26, 7.28, 7.29 and 7.31 of the Insolvency (England and Wales) Rules 2016; Paragraph 22 of Part Seven of the CPR Practice Direction – Insolvency Proceedings; Precedent; 8.1 Winding-up petition on just and equitable grounds; 9 Permission to Act as a Director of a Company with a Prohibited Name; Objective; Application; Court fees; Evidence; Service; The first hearing; Key statutory provisions; Sections 216 and 217 of the Insolvency Act 1986; Rules 1.6, 1.35 and 22.1 to 22.7 of the Insolvency (England and Wales) Rules 2016; Precedents; 9.1 Application for permission to act as a director of a company with a prohibited name; 9.2 Draft order giving permission to act as a director of a company with a prohibited name; 9.3 Witness statement in support of an application for permission to act as a director of a company with a prohibited name; 10 Application for an Administration Order; Objective; Application; Court fees; Consent of the proposed administrator; The witness statement; Service on interested parties; The first hearing; Key statutory provisions; Paragraphs 2, 3, 10 to 15 and 37 to 40 of Schedule B1 to the Insolvency Act 1986; Rules 1.6 and 3.3 to 3.15 of, and paragraphs 3 and 6 of Schedule 4 to, the Insolvency (England and Wales) Rules 2016; Precedents; 10.1 Administration application notice; 10.2 Statement of proposed administrator; 10.3 Witness statement in support of an administration order and to dismiss a winding-up petition; 10.4 Administration order (dismissing an existing winding-up petition); 11 Application for Directions by an Administrator; Objective; Application; Court fees; Evidence; Service; The first hearing; Key statutory provisions; Paragraph 63 of Schedule B1 to the Insolvency Act 1986; Rules 1.6 and 1.35 of the Insolvency (England and Wales) Rules 2016; Precedents; 11.1 Application by the administrator for directions; 11.2 Witness statement in support of an application for directions; 11.3 Directions; 12 Application by an Administrator to Sell Property Subject to Security; Objective; Application; Court fees; Evidence; Service; Order; Key statutory provisions; Paragraphs 70 to 73 and 111 of Schedule B1 to the Insolvency Act 1986; Rules 1.6, 1.35 and 3.49 of the Insolvency (England and Wales) Rules 1986; Precedents; 12.1 Application by the administrator for an order permitting the administrator to sell company’s property subject to a security; 12.2 Witness statement in support of an application for order to sell company’s property subject to a security; 12.3 Order permitting the administrator to sell company’s property subject to a security; 13 Application by a Creditor or Member Alleging Unfair Harm by an Administrator; Objective; Application; Court fees; Evidence; Service; The first hearing; Order; Key statutory provisions; Paragraph 74 of Schedule B1 to the Insolvency Act 1986; Rules 1.6 and 1.35 of the Insolvency (England and Wales) Rules 2016; Precedents; 13.1 Application by a creditor complaining that the administrator has unfairly harmed him; 13.2 Witness statement in support of an application by a creditor complaining that the administrator has unfairly harmed him; 13.3 Order on an application by a creditor complaining that the administrator has unfairly harmed him; 14 Application by an Administrator to End the Administration; Objective; Application; Progress report; Court fees; Evidence; Notice to the creditors; Notice to the court; Service; The first hearing; Key statutory provisions; Paragraph 79 of Schedule B1 to the Insolvency Act 1986; Rules 1.6, 1.35, 3.57, 3.59, 7.26 and 7.27 of the Insolvency (England and Wales) Rules 2016; Precedents; 14.1 Application by the administrator to discharge the administration order; 14.2 Witness statement in support of an application by the administrator to discharge the administration order; 14.3 Order discharging the administration order; 15 Application by a Secured Creditor to Enforce his Security/Bring Proceedings during an Administration; Objective; Application; Court fees; Evidence; Service; Key statutory provisions; Paragraph 43 of Schedule B1 to the Insolvency Act 1986; Rules 1.6 and 1.35 of the Insolvency (England and Wales) Rules 2016; Precedents; 15.1 Application for leave to enforce despite the moratorium under an administration; 15.2 Witness statement in support of an application for leave to enforce despite the moratorium under the administration; 15.3 Order granting leave to enforce despite the moratorium under an administration; 16 Application for Leave to Enforce Security or Seek Possession despite a Moratorium on a Partnership Voluntary Arrangement; Objective; Application; Court fees; Evidence; Service; Key statutory provisions; Paragraphs 12 and 20 of Schedule A1 to the Insolvency Act 1986; Rules 1.6, 1.35 and 2.20 of the Insolvency (England and Wales) Rules 2016; Precedents; 16.1 Application for leave to enforce despite the moratorium under the partnership voluntary arrangement; 16.2 Witness statement in support of an application for leave to enforce despite the moratorium under the partnership voluntary arrangement; 16.3 Order granting leave to enforce despite the moratorium under the partnership voluntary arrangement; 17 Application to Appeal Decisions Made by the Chairman on a Meeting for a Company Voluntary Arrangement; Objective; Application; Court fees; Service; Evidence; Key statutory provisions; Rules 1.6, 1.35 and 15.33 to 15.35 of the Insolvency (England and Wales) Rules 2016; Precedents; 17.1 Application to appeal against a decision by the chairman on a meeting for a company voluntary arrangement; 17.2 Witness statement in support of an appeal against a decision by the chairman on a meeting for a company voluntary arrangement; 17.3 Order on an application to appeal against a decision by the chairman on a meeting for a company voluntary arrangement; 18 Application to Challenge an Act or Decision of the Supervisor in a Company Voluntary Arrangement Background; Application; Court fees; Evidence; Service; The respondent’s evidence; Key statutory provisions; Section 7 of the Insolvency Act 1986; Rules 1.6 and 1.35 of the Insolvency (England and Wales) Rules 2016; Precedents; 18.1 Application to challenge a decision by a supervisor of a company voluntary arrangement; 18.2 Witness statement in support of an application to challenge a decision by a supervisor of a company voluntary arrangement; 18.3 Order on an application to challenge a decision by a supervisor of a company voluntary arrangement; 19 Application by an Administrative Receiver for an Indemnity by Reason of the Invalidity of his Appointment; Objective; Application; Court fees; Evidence; Service; Key statutory provisions; Section 34 of the Insolvency Act 1986; Rules 1.6 and 1.35 of the Insolvency (England and Wales) Rules 2016; Precedents; 19.1 Application by a receiver for an order that his appointer indemnify him against liability by reason of the invalidity of his appointment; 19.2 Witness statement in support of an application by an administrative receiver for an order that his appointer indemnify him against; liability by reason of the invalidity of his appointment; 19.3 Order that his appointer indemnify him against liability by reason of the invalidity of his appointment; 20 Application to Remove an Administrative Receiver from Office; Objective; Application; Court fees; Evidence; Service; Notice; Key statutory provisions; Section 45 of the Insolvency Act 1986; Rules 1.6, 1.35 and 4.18 to 4.21 of the Insolvency (England and Wales) Rules 2016; Precedents; 20.1 Application to remove an administrative receiver from office; 20.2 Witness statement in support of an application to remove an administrative receiver from office; 20.3 Order to remove an administrative receiver from office; 21 Application for a Declaration that a Transaction is Invalidated by Virtue of Section 127 of the Insolvency Act 1986; Objective; Application; Court fees; Service; Evidence; The first hearing; Key statutory provisions; Sections 127 to 129 of the Insolvency Act 1986; Precedents; 21.1 Application for a declaration of invalidity of a transfer pursuant to section 127 of the Insolvency Act 1986; 21.2 Witness statement in support of an application for a declaration of invalidity of a transfer pursuant to section 127 of the Insolvency; Act 1986; 21.3 Declaration of invalidity under section 127 of the Insolvency Act 1986; 22 Application to Set Aside a Transfer at an Undervalue; Objective; Application; Court fees; Evidence; Service; The first hearing; Key statutory provisions; Sections 238, 240, 241 and 435 of the Insolvency Act 1986; Rules 1.6 and 1.35 of the Insolvency (England and Wales) Rules 2016; Precedents; 22.1 Application for a declaration that a payment is a transaction at an undervalue pursuant to section 238 of the Insolvency Act 1986; 22.2 Witness statement to set aside a transaction at an undervalue pursuant to section 238 of the Insolvency Act 1986; 22.3 Declaration that a payment is a transaction at an undervalue pursuant to section 238 of the Insolvency Act 1986; 23 Application to Set Aside a Preference; Objective; Application; Court fees; Evidence; Service; The first hearing; Key statutory provisions; Sections 239, 240, 241 and 435 of the Insolvency Act 1986; Rules 1.6 and 1.35 of the Insolvency (England and Wales) Rules 2016; Precedents; 23.1 Application for a declaration that a payment is a preference pursuant to section 239 of the Insolvency Act 1986; 23.2 Witness statement to set aside a preference pursuant to section 239 of the Insolvency Act 1986; 23.3 Declaration of a preference pursuant to section 239 of the Insolvency Act 1986; 24 Application for a Declaration that the Director has been Engaged in Fraudulent Trading; Objective; Application; Court fees; Service; The first hearing; Evidence; Key statutory provisions; Sections 213, 215, 246ZA and 246ZC of the Insolvency Act 1986; Rules 1.6 and 1.35 of the Insolvency (England and Wales) Rules 2016; Precedents; 24.1 Application for a declaration that a director has been engaged in fraudulent trading pursuant to section 216 of the Insolvency; Act 1986; 24.2 Witness statement for a declaration of fraudulent trading pursuant to section 213 of the Insolvency Act 1986; 24.3 Declaration that a director has been engaged in fraudulent trading pursuant to section 213 of the Insolvency Act 1986; 25 Application for a Declaration that the Director has been Engaged in Wrongful Trading; Objective; Application; Court fees; Service; The first hearing; Evidence; Key statutory provisions; Sections 214, 215, 246ZB and 246ZC of the Insolvency Act 1986; Rules 1.6 and 1.35 of the Insolvency (England and Wales) Rules 2016; Precedents; 25.1 Application for a declaration that a director has been engaged in wrongful trading pursuant to section 214 of the Insolvency; Act 1986; 25.2 Witness statement for a declaration of wrongful trading pursuant to section 214 of the Insolvency Act 1986; 25.3 Declaration that a director has been engaged in wrongful trading pursuant to section 214 of the Insolvency Act 1986; 26 Application to Set Aside a Transaction Defrauding Creditors; Objective; Claim; Court fees; Evidence; The first hearing; Service; Key statutory provisions; Sections 423 to 425 of the Insolvency Act 1986; Rules 1.6 and 1.35 of the Insolvency (England and Wales) Rules 2016; Precedents; 26.1 Claim for a declaration that a payment is a transaction defrauding creditors pursuant to section 423 of the Insolvency Act 1986; 26.2 Particular of claim in support of a claim to set aside a fraudulent transaction pursuant to section 423 of the Insolvency Act 1986; 26.3 Witness statement to set aside a fraudulent transaction pursuant to section 423 of the Insolvency Act 1986; 26.4 Declaration that a payment is a transaction defrauding creditors pursuant to section 423 of the Insolvency Act 1986; 27 Application under the Summary Procedure; Objective; Application; Court fees; Service; The first hearing; Evidence; Key statutory provisions; Section 212 of the Insolvency Act 1986; Rules 1.6 and 1.35 of the Insolvency (England and Wales) Rules 2016; Precedents; 27.1 Application for a declaration that there has been a breach of duty using the summary remedy under section 212 of the Insolvency; Act 1986; 27.2 Witness statement in support of an application for a declaration that there has been a breach of duty using the summary remedy; under section 212 of the Insolvency Act 1986; 27.3 Declaration that there has been a breach of duty using the summary remedy under section 212 of the Insolvency Act 1986; 28 Private Examinations; Objective; Application; Court fees; Service; Witness statement/grounds; First hearing; Return date; Warrant for arrest; Key statutory provisions; Sections 235 to 237 of the Insolvency Act 1986; Rules 1.6, 1.35 and 12.17 to 12.20 of the Insolvency (England and Wales) Rules 2016; Precedents; 28.1 Letter requesting documents before an application is made fo a private examination; 28.2 Application for a private examination; 28.3 Witness statement in support of an application for a private examination; 28.4 Order for private examination; 28.5 Warrant for the arrest of the examinee on his failure to attend a private examination; 29 Appeal from an Order of an Insolvency and Companies Court Judge; Objective; Appeal notice; Court fees; Service; Respondent’s notice; Appeal bundle; Time limits; Key statutory provisions; Rules 12.58, 12.59 and 12.61 of, and Schedule 10 to, the Insolvency (England and Wales) Rules 2016; Paragraphs 17.1 to 19.3 of Part Four of the CPR Practice Direction – Insolvency Proceedings; 30 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 Judge?; Urgent applications; Evidence; Bundles; Time estimates; Skeleton arguments; Useful email addresses; Court dress; Court fees; Key statutory provisions; Schedule 4 to the Insolvency (England and Wales) Rules 2016, Extracts; CPR Practice Direction – Insolvency Proceedings, Extracts; Precedents; 30.1 Form IAA application; 30.2 Certificate of urgency; 30.3 Creditor’s statutory demand; 30.4 Winding-up petition; 30.5 Notice of persons intending to appear; 30.6 Petition by contributory; 30.7 Petition by office holder; 30.8 List of appearances; 30.9 Certificate of compliance; 30.10 Verification of the Petition; 30.11 Administration application; index