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


ISBN13: 9780854903047
Previous Edition ISBN: 9780854902187
To be Published: September 2025
Publisher: Wildy, Simmonds and Hill Publishing
Country of Publication: UK
Format: Hardback
Price: £145.00



Recent years have seen extensive changes to insolvency practice, precedents, and procedures. Fully updated, Corporate Insolvency Practice is the only comprehensive “how to do it” guide for solicitors and barristers to all the most common court applications in corporate insolvency.

Covering areas as diverse as winding up petitions to administrations to the reuse of company names, this practical and accessible book seeks to give the inside track on what the court will expect both in terms of practice and evidence. It also provides the busy practitioner with the key statutory and practice material for each application as well as sample precedents to illustrate what the finished application notice, order or witness statement might look like.

Packed with precedents, forms, checklists and statutory extracts, Corporate Insolvency Practice ensures you have readily to hand everything you need to prepare and present the most common insolvency applications. The new edition of this title will be an invaluable reference for all practitioners making insolvency applications in the Companies Court:

  • deals with the new Insolvency (England and Wales) Rules 2016, the Practice Direction on Insolvency proceedings 2023 and the new 2025 fees
  • includes an extensive range of precedents
  • contains the relevant statutory and practice direction extracts; and
  • provides a ‘how to do it’ guide with checklists and new forms.
  • 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