| 1 | A guide to forms in insolvency proceedings A list of standard forms for use in restructuring and insolvency proceedings in accordance with the Insolvency Act 1986 and the Insolvency Rules 1986 (SI 1986/1925). The forms relate to company voluntary arrangements, administration, administrative receivership, liquidation, individual voluntary arrangements, bankruptcy, insolvency court procedure and practice, and the insolvency of overseas companies with UK establishments. | Practice note: overview | Maintained |
| 2 | Corporate insolvency: a guide An introduction to the aims of and background to corporate insolvency law, together with a brief overview of the various insolvency procedures available. This note also contains links to a multi-jurisdictional guide to restructuring and insolvency and a detailed note on US bankruptcy procedures. | Practice note: overview | Maintained |
| 3 | Limitation periods: an overview An overview of limitation periods. | Practice note: overview | Maintained |
| 4 | Overview of company insolvency procedures This note provides a summary of the various procedures that may apply to a company in financial difficulties and summarises information in the following practice notes: Administration. Administrative receivership. Company voluntary arrangements (CVAs). Schemes of arrangement: role of the court. Liquidation. For each procedure, this note summarises in tabular form: Its purpose. Who may commence the procedure. How the procedure is commenced. Its effect. | Practice note: overview | Maintained |
| 5 | Personal insolvency procedures: overview A practice note giving an overview of bankruptcy, individual voluntary arrangements (IVA) and debt relief orders (DRO), enforcement restriction orders, county court administration orders and debt repayment plans. | Practice note: overview | Maintained |
| 6 | Personal insolvency: a quick guide A quick guide to personal insolvency procedures in England and Wales, including bankruptcy and individual voluntary arrangements (IVAs).This is one of a series of quick guides, see Quick guides. | Practice note: overview | Maintained |
| 7 | SRA Code of Conduct 2011 toolkit A toolkit to guide users through PLC's resources on the SRA Code of Conduct 2011. | Practice note: overview | Maintained |
| 8 | Amended Insolvency Rules 1986: court procedure and ... A guide to the material changes to the Insolvency Rules 1986 (SI 1986/1925) relating to court procedure and practice, which are mainly set out in Part 7. The changes will be made by the Insolvency (Amendment) Rules 2010 (SI 2010/686) and will include changes to the application procedure and access to documents on the court file. | Practice notes | 06-Apr-2010 |
| 9 | Commercial fraud and insolvency An examination of the impact of insolvency on commercial fraud claims, this practice note considers the pari passu principle, transactions defrauding creditors, adjustments of prior transactions, fraudulent trading, wrongful trading and some potentially useful provisions for obtaining information from individuals and companies. | Practice notes | Maintained |
| 10 | Creditors of companies in financial difficulty or insolvency: top ... Suggested answers to some common questions asked by creditors of insolvent companies and companies in financial difficulties. | Practice notes | Maintained |
| 11 | Execution of deeds and documents Overview of the key legal requirements relating to the execution of deeds and documents under the laws of England and Wales. It reflects the law on execution from 1 October 2009. For details of the law governing execution of deeds and documents before 1 October 2009, see Practice note, Execution of deeds and documents: pre-1 October 2009. | Practice notes | Maintained |
| 12 | How are assets distributed to creditors in corporate insolvency ... A practice note on how administrators and liquidators distribute asset realisations to creditors of insolvent companies and the priority of creditor claims. | Practice notes | Maintained |
| 13 | How can I protect my business from a debtor getting into ... A practice note on how to respond to the financial difficulties or insolvency of a company that owes you money, which considers how to press for payment from a distressed trading partner, key contractual issues and outlines the position of the unsecured creditor in an insolvency process. | Practice notes | Maintained |
| 14 | How to identify a company in financial difficulty A practice note explaining the "decline curve" of a business, giving guidance on how to get the information to assess how serious a business' difficulties are, and providing an overview of what insolvency means and how to react to it. | Practice notes | Maintained |
| 15 | Informing the client about costs: at outset of retainer and ... This practice note stresses the importance of giving information to clients about costs. It summarises the requirements of the Solicitors Regulation Authority Code of Conduct 2011 (SRA Code 2011) and other legal requirements, and provides suggestions for how the best information on costs can be provided to a client retaining a solicitor for dispute resolution, at the outset and throughout the retainer. This note covers the requirements of the SRA Code 2011 (in force from 6 October 2011). For details of the previous applicable codes, see the old versions of this note, Practice notes, Informing the client about costs: at outset of retainer and beyond: July 2007 to 5 October 2011 and Informing the client about costs: at outset of retainer and beyond: pre 2007. | Practice notes | Maintained |
| 16 | Informing the client about costs: at outset of retainer and ... This Practice note stresses the importance of giving information to clients about costs. It summarises the requirements of the Solicitors Code of Conduct 2007, and other legal requirements, and provides suggestions for how best information on costs can be provided to the client, at the outset and throughout the retainer. Note: This note covers the requirements of the Solicitors Code of Conduct 2007 (in force from 1 July 2007 to 5 October 2011). For the latest requirements, under the Solicitors Code of Conduct 2011, see the new version of this note, Practice note, Informing the client about costs: at outset of retainer and beyond. For details of the Solicitors Costs Information and Client Care Code 1999, see, Practice note, Informing the client about costs: at outset of retainer and beyond pre 2007. | Practice notes | 05-Oct-2011 |
| 17 | Litigation and insolvency: claiming against an insolvent ... A practical guide for those who are seeking to bring or continue a claim against a company or individual which is, or is about to become, insolvent. This includes a summary of the statutory moratorium or automatic stay of proceedings that arise under the Insolvency Act 1986 when a company is in administration or liquidation respectively, and guidance on the court's approach on an application for leave to pursue a claim. | Practice notes | Maintained |
| 18 | Litigation by insolvent companies: issues to consider before ... A practice note on the issues to be considered when litigation is pursued on behalf of an insolvent company. It deals with the types of claim that may be available in corporate insolvency (whether administration, liquidation or receivership), the need for sanction, the claimant's potential liability for costs, funding options and settlement of claims. | Practice notes | Maintained |
| 19 | Quasi-legislation: codes, guidance, orders, rules and ... A note on the various types of quasi-legislation and how they should be treated. | Practice notes | Maintained |
| 20 | Quistclose trusts Ths note explains that a Quistclose trust is a form of resulting trust that may arise when funds are transferred for specific and exclusive purposes, as explained in Twinsectra Ltd v Yardley and others [2002] UKHL 12. It gives examples from case law of loans and other situations, and summarises factors to consider when advising. | Practice notes | Maintained |
| 21 | Security for costs against an insolvent company This practice note provides guidance as to how the court will consider an application for security for costs on the ground that the claimant is an insolvent company (CPR rule 25.13 2 (c)). To be read alongside Practice note, Security for costs: an overview and Practice note, The procedure for applying for security for costs. | Practice notes | Maintained |
| 22 | Set-off clauses A note on boilerplate clauses that create or limit contracting parties' rights to set off monetary cross-claims against each other. It also outlines the following non-contractual rights of set-off: legal set-off, equitable set-off, banker's set-off and insolvency set-off. | Practice notes | Maintained |
| 23 | What are the warning signs of financial difficulty in a ... A guide to what to look for in a company's accounts when assessing its financial position and the warnings signs that may indicate financial difficulty or potential insolvency. | Practice notes | Maintained |