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

• Company, commercial & competition law

• Bankruptcy & insolvency

• Professional & Vocational

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