Index
| Author | Mark Watson-Gandy |
| Pages | 491-502 |
References are to page numbers.
Accountants 82, 95–96 see also Auditors
Adjournment
by registrar to judge, subsequent case management 439
caused by late delivery of bundle or skeleton 442, 443
caused by unrealistic time estimate
442
see also individual types of case Administration
administrators, see Administrators moratorium, see Security, secured creditor’s application during administration
orders for, see Administration orders out of court 143, 146n7, 147, 211n5 Administration orders 143–171 application for
introduction 143
application 143–145, 162–165,
439, 486–489
consent of proposed administrator
145, 166
court fees 145
evidence in support 145–146, 167–
170
service 146–148
hearing 148, 439
order 171
statutory material 148–161 discharge of 211–225 introduction 211
application and attachments 211–
212, 220–221
court fees 212
evidence 212–213, 222–225 service 213
hearing 214
order 213, 225
statutory material 214–219 interaction with winding up 18, 113,
143, 146, 167–171, 306
winding up order made on administration application 79, 145, 305, 315, 333
winding up order made on discharge application 211, 212, 213n17
see also Administrators; Procedure: overview; Security, secured creditor’s application during administration
Administrative receivers appointment 282, 293
invalidly appointed, application for indemnity 281–291 introduction 281
application 281, 287–288 court fees 282
evidence 282–283, 289–290 service 283
order 291
statutory material 283–286
prohibited company names and 127 relevance to administration application
146, 147
removal 293–304
introduction 293
application 293, 300–301
court fees 293
evidence 294, 302–303
service 294
order 295, 304
statutory material 295–299 resignation 293, 295
right to be served with certain documents 18, 82, 113, 146 summary procedure and 393
see also Procedure: overview Administrators
applications by, for directions 173–
182
introduction 173 application 173, 178–179 court fees 173
evidence 173–174, 180–181
492 Corporate Insolvency Practice
Administrators (continued) applications by, for directions
(continued)
service 174
hearing 174
order 182
statutory material 174–177 applications by, other, see
Administration orders, discharge of;
Fraudulent trading; Preferences; Transactions at an undervalue; Transactions prejudicial to creditors; Wrongful trading
appointment
by court, see Administration orders out of court 143, 146n7, 147,
211n5
challenges to conduct of 199–210 introduction 199–200
application to court 200, 206–207 court fees 200
evidence 200–201, 208–209 service 201
hearing 201
order 199, 201, 210
statutory material 202–205 evidence of, format 439
fees of 448–449, 459–465
more than one 145, 146
prohibited company names and 127 right to be served with certain documents 18, 82, 113
role in challenges to conduct of CVA supervisor 270
secured creditors and, see Security, administrator’s application to sell property; Security, secured creditor’s application during administration statutory material 148–161 summary procedure and, see Summary procedure
see also Administration orders;
Procedure: overview Advertisement of winding up petition creditor’s petition 18, 19–20, 21, 39,
65
restraint of, see Restraint of advertisement of petition petitions on ‘just and equitable’ grounds 114
Advocates
court dress: overview 443
see also individual types of case
solicitors as 409
supply of bundles to 440
see also Costs; Solicitors Affidavits, see Evidence
Appeals
against court orders 429–436 introduction 429–430, 439, 443 court fees 430, 444
statutory material 430–432, 458–
459
CVAs and, see Company voluntary arrangements (CVAs), appeals against decisions of chairman of CVA meeting
Appearances, lists of 21, 41, 43, 482 Appointees, remuneration applications
448–449, 459–465
see also Administrative receivers;
Administrators; Company voluntary arrangements (CVAs); Liquidators; Special managers
Arrest, warrants for 407, 410, 427 Article 1.2 undertakings 15, 110, 144 Assignees 1, 2, 13
Auditors 45, 57, 70
status, and summary procedure 393n3 see also Accountants
Authentication of documents: overview
44, 54n4
see also individual types of case Authorities, lists of 442, 443
Bank holidays 19, 44
Banks
administration applications, service on company at 147
validation orders and 79, 81, 82 Breach of duty, summary procedure and, see Summary procedure
Bundles of documents 430, 440–441, 442 Business days 19, 44
Central index of winding up petitions
16, 18, 112, 145
Central London, County Court at 443,
465–466
Certificates of compliance 20–21, 40,
483
Certificates of service 31–32
see also individual types of case Certificates of urgency 439, 452, 469 see also Urgent applications; Without notice applications
Chancery claim form, use of 377 Chancery District Registries 438
see also individual types of case Charges, see Fees; Security
Christmas Day 19, 44
Chronologies 429, 442, 443 Committal (for contempt) 439, 443 see also Warrants for arrest Companies
appointment of administrators by, see
Administrators, appointment, out of court
contributories of, see Contributories directors of, see Directors
dormant 127
employees of 31, 333n2 incorporated outside the UK, see
European Union; Overseas companies
insolvency of, meaning 1, 13–14 insolvency office-holders, see Office-holders, in insolvency
legal process against, during moratorium 227, 239
limited by guarantee 144 liquidation of, see Liquidators;
Voluntary winding up; Winding up managers of, see Managers; Special managers
members of, see Members (of companies)
names of, see Prohibited company names
officers of 31, 393
see also Directors; Summary procedure
private limited 111
property of
repossession of goods 227, 239 subject to security, see Security public 111
secretaries of 31, 393
as tenants 227, 239 unincorporated in England and Wales petitions 14, 17, 45, 54, 56, 67, 69,
110
rescission of winding up orders 98,
101
statutory demands 2
see also Unregistered companies Companies Court 437–438, 439, 441,
442, 443, 465–466
route of appeal from registrar 429
see also individual types of case Companies House, see Registrar of
Companies
Company voluntary arrangements
(CVAs)
administration applications and 144 appeals against decisions of chairman of CVA meeting 253–267 introduction 253
application 253, 263–264
court fees 253–254
service 254
evidence 254, 265–266
order 253, 267
statutory material 255–262 challenges to administrator’s conduct and 199
challenges to conduct of supervisor
269–279
introduction 269
application 269, 275–276
court fees 269
evidence 270, 271, 277–278 service 270–271
order 269, 279
statutory material 271–274 moratorium, see Security, secured creditor’s application during CVA supervisor’s application for directions
270
supervisor’s fees 448–449, 459–465 supervisor’s right to be served with certain documents 18, 82, 113, 147 see also Procedure: overview Compensation
for fraudulent trading 351
under summary procedure 393
for wrongful trading 363 Conditional sale agreements 183 Conduct money 408
Connected persons 315, 333 Contempt of court 439, 443
see also Warrants for arrest Contingent creditors 13, 65, 109, 146 Contributions (compensation), see
Compensation
Contributories
summary procedure and 393 winding up proceedings and 19, 43,
46, 65, 69
petitions on ‘just and equitable’ grounds 109, 114, 478–479 rescission of orders 97, 98, 101
494 Corporate Insolvency Practice
Contributories (continued)
see also Members (of companies);
Shareholders
Costs
applications...
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