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Insolvency Litigation: A Practical Guide
Insolvency Litigation: A Practical Guide
2nd Edition
Practice Area:  Commercial Law
ISBN:  9780414066366
Published by:  Sweet & Maxwell
Publication Date:  25 Jul 2018
Subscription Information:  Non-Subscribable Product
Format:  Hardback
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Insolvency Litigation: A Practical Guide 2nd Edition provides a comprehensive commentary on the process, procedure and issues faced by practitioners conducting insolvency related litigation. Fully updated to reflect the widespread changes of the Insolvency Rules 2016, and the new Practice Direction on Insolvency Proceedings, this title offers specific practical guidance to the most important court applications on this specialist area of insolvency practice.

Main features include:

  • Focused coverage of the mechanics of litigation in insolvency proceedings
  • Completely updated in line with the new Insolvency Rules 2016
  • Provides detailed guidance on court practice and procedure and the principles of law relevant to insolvency litigation
  • Offers detailed guidance to different aspects of litigation, including litigation against an insolvent defendant, limitation, costs and funding issues, litigation by office holders and their approach to litigation and the types of application that arise in insolvency cases
  • Summarises the issues relevant to cross-border insolvency
  • Deals with challenging the acts and decisions of the officeholder and their removal
  • Considers applications to set aside transactions under the Insolvency Act 1986 in the context of both corporate insolvency and bankruptcy, enforcing the duty to cooperate with the officeholder, wrongful and fraudulent trading and misfeasance 
  • Covers personal insolvency litigation issues and applications such as the matrimonial home and conflicts with family law, annulment, income payment orders and applications to suspend a bankrupt’s date of discharge
  • Looks at the process and nature of different types of applications in corporate insolvency such as applications for permission to be a director of a company with a prohibited name, validation orders and  applications to end the administration
  • Introduction to insolvency litigation;
  • Court procedure and practice;
  • Statutory demands;
  • Bankruptcy petitions;
  • Winding up petitions;
  • Applications for administration orders;
  • Litigation by office-holders;
  • How can an office-holder fund litigation;
  • Limitation and insolvency litigation;
  • Cross-border issues;
  • Validation orders in corporate and personal insolvency;
  • Enforcement of the duty to co-operate with the office holder;
  • Challenging the acts and decisions of the officeholder and removal of the officeholder;
  • Reviewable transactions in corporate insolvency;
  • Reviewable transactions in bankruptcy;
  • Annulment of bankruptcy;
  • The matrimonial home and conflicts with family law;
  • Income payment agreements;
  • Orders suspending bankrupt’s date of discharge;
  • Misfeasance claims;
  • Fraudulent and wrongful trading;
  • Challenging voluntary arrangements;
  • Applications to restrain the presentation of a petition or advertisement of a petition;
  • Prohibited names and applications for permission to be a director of a company with a prohibited name;
  • Administrators application to end the administration

Sarah McLennan is a Senior Editor at Practical Law, previously at Faegre Baker Daniels LLP where she specialised in contentious insolvency litigation, acting for a variety of insolvency practitioners and creditors on contentious insolvency matters.

Adam Deacock has been recommended by Legal 500 and Chambers UK as a leading insolvency barrister for a number of years and has extensive experience in all aspects of corporate insolvency and associated recovery. He is acting as an editor on this title, leading a number of prestigious contributors at Radcliffe Chambers.
“The treatment per theme is short but profound. In 26 chapters all matters on how to apply, who is allowed to apply, which court has jurisdiction, how to issue an application, evidence, case management, costs, preparing for hearings and appeals are touched upon, with clear references to the applicable law and rules throughout, and including references to over 1000 court cases…[t]he result is a practical, focused coverage of the mechanics of litigation in insolvency proceedings, completely updated in line with the new Rules 2016 and 2018 practices.”

-Professor Bob Wessels, blog review of November 2018
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