Foreword to the Third Edition 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 Objective Statutory form Service Evidence Notes Key materials Section 268 of the Insolvency Act 1986 Rules 10.110.3 of the Insolvency (England and Wales) Rules 2016 Precedents 1.1 Creditors statutory demand 1.2 Certificate of personal service 2 APPLICATION TO SET ASIDE A STATUTORY DEMAND Objective Application Court fees Time limit Evidence Key materials Rules 10.4 and 10.5 of the Insolvency (England and Wales) Rules 2016 Precedent 2.1 Application to set aside a statutory demand 3 CREDITORS BANKRUPTCY PETITION Objective Expediting the petition and the hearing Petition Evidence Court fees Service Hearing Withdrawal or dismissal Key materials Sections 264271 of the Insolvency Act 1986 Rules 10.610.17, 10.2010.26 and 10.30 of the Insolvency (England and Wales) Rules 2016 Precedents 3.1 Bankruptcy petition 3.2 Witness statement verifying the bankruptcy petition 3.3 List of appearances 3.4 Certificate of continuing debt 4 RESPONDING TO A CREDITORS PETITION: NOTICE TO ATTEND AT THE HEARING OF A PETITION Objective Notice of intention to appear Court fees Service Key materials Rules 10.1710.19, 10.27 and 10.2910.30 of the Insolvency (England and Wales) Rules 2016 Precedents 4.1 Notice by debtor of intention to oppose bankruptcy petition 4.2 Witness statement in opposition to the petition for bankruptcy 5 RESPONDING TO A PETITION: APPLICATION FOR A VALIDATION ORDER Objective Application Court fees Evidence Service Key materials Section 284 of the Insolvency Act 1986 Paragraph 14.8 of the CPR Practice Direction Insolvency Proceedings Precedents 5.1 Ordinary application for a validation order pursuant to section 284 of the Insolvency Act 1986 5.2 Draft validation order 5.3 Debtors witness statement in support of an application for a validation order 5.4 Accountants witness statement in support of an application for a validation order 6 APPLICATION TO ANNUL A BANKRUPTCY ORDER Objective Application Court fees Evidence Service Report by trustee Applicants claim that remuneration is or expenses are excessive Hearing Key materials Sections 261 and 282 of the Insolvency Act 1986 Rules 10.13210.141 of the Insolvency (England and Wales) Rules 2016 Precedents 6.1 Application for annulment under section 282(1)(b) of the Insolvency Act 1986 6.2 Draft order for annulment under section 282(1)(b) of the Insolvency Act 1986 6.3 Witness statement in support of an application for annulment under section 282(1)(b) of the Insolvency Act 198 7 APPLICATION TO RESCIND A BANKRUPTCY ORDER Objective Application Court fees Evidence Service Key materials Section 375 of the Insolvency Act 1986 Precedents 7.1 Application for rescission under section 375 of the Insolvency Act 1986 7.2 Draft order for rescission under section 375 of the Insolvency Act 1986 7.3 Witness statement in support of an application for rescission under section 375 of the Insolvency Act 1986 8 APPLICATION FOR PERMISSION TO ACT AS A DIRECTOR OF A COMPANY NOTWITHSTANDING BANKRUPTCY Objective Application Court fees Evidence Service Official Receivers report Hearing Key materials Section 11 of the Company Directors Disqualification Act 1986 Rules 9.259.27 of the Insolvency (England and Wales) Rules 2016 Precedents 8.1 Application for permission under section 11 of the Company Directors Disqualification Act 1986 8.2 Draft order for permission under section 11 of the Company Directors Disqualification Act 1986 8.3 Witness statement in support of an application for permission under section 11 of the Company Directors Disqualification Act 1986 9 APPLICATION FOR DIRECTIONS BY A TRUSTEE IN BANKRUPTCY Objective Application Court fees Evidence Service First hearing Key materials Section 303(2) of the Insolvency Act 1986 Precedents 9.1 Ordinary application for directions by the trustee in bankruptcy 9.2 Witness statement in support of an application for directions 9.3 Order on the trustees application for directions 10 APPLICATION TO APPOINT AN INTERIM RECEIVER Objective Application Court fees Evidence Service Hearing Key materials Section 286 of the Insolvency Act 1986 Rules 10.4910.54 of the Insolvency (England and Wales) Rules 2016 Precedents 10.1 Application for the appointment of an interim receiver 10.2 Witness statement in support of an application for an interim receiver 10.3 Draft order appointing an interim receiver 11 APPLICATION FOR COMPENSATION AGAINST A TRUSTEE IN BANKRUPTCY Objective Application Court fees Evidence Service First hearing Key materials Section 304 of the Insolvency Act 1986 Precedents 11.1 Application for compensation against a trustee in bankruptcy 11.2 Witness statement in support of an application for compensation against a trustee in bankruptcy 11.3 Declaration that there has been a breach of duty by a trustee in bankruptcy 12 APPLICATION FOR AN ORDER FOR THE SALE OF THE BANKRUPTS HOME Objective Application Court fees Evidence First hearing Service Key materials Sections 283A, 313A, 335A, 336, 337 and 338 of the Insolvency Act 1986 Rules 10.12110.124 and 10.16710.170 of the Insolvency (England and Wales) Rules 2016 Precedents 12.1 Application for a declaration of interest and order for sale of the bankrupts matrimonial home 12.2 Witness statement in support of an application for a declaration of interest in and order for sale of the bankrupts matrimonial home 12.3 Declaration of interest and order for sale of the bankrupts matrimonial home 13 APPLICATION FOR AN INTERIM ORDER IN SUPPORT OF AN INDIVIDUAL VOLUNTARY ARRANGEMENT Objective Application Court fees Evidence Service Steps following the making of an interim order Further directions Key materials Sections 252256 of the Insolvency Act 1986 Rules 8.88.18 of the Insolvency (England and Wales) Rules 2016 Precedents 13.1 Ordinary application for an interim order 13.2 Witness statement in support of an application for an interim order 13.3 Interim order of court under section 252 of the Insolvency Act 1986 14 APPLICATION FOR LEAVE TO ENFORCE SECURITY OR SEEK POSSESSION DESPITE AN INTERIM ORDER Objective Application Court fees Evidence Service Key materials Section 254 of the Insolvency Act 1986 Precedents 14.1 Ordinary application for permission to enforce security despite an interim order 14.2 Witness statement in support of an application for permission to enforce security despite an interim order 14.3 Order for permission to enforce security despite an interim order 15 APPLICATION TO CHALLENGE DECISIONS MADE BY A MEETING FOR AN INDIVIDUAL VOLUNTARY ARRANGEMENT Objective Application Court fees Evidence Service Key materials Sections 262262B of the Insolvency Act 1986 Rules 8.228.24 of the Insolvency (England and Wales) Rules 2016 Precedents 15.1 Application for an order revoking a decision made by the creditors meeting in an individual voluntary arrangement 15.2 Witness statement in support of an application for an order revoking a decision made by the creditors meeting in an individual voluntary arrangement 15.3 Draft order revoking a decision made by the creditors meeting in an individual voluntary arrangement 16 APPLICATION TO CHALLENGE DECISIONS IN RESPECT OF A DEBT RELIEF ORDER Overview Application Court fees Evidence Service Key materials Sections 251M and 251X of the Insolvency Act 1986 Rules 9.14 and 9.219.22 of the Insolvency (England and Wales) Rules 2016 Precedents 16.1 Ordinary application for an order revoking a debt relief order 16.2 Witness statement in support of an application for an order revoking a debt relief order 16.3 Draft order revoking a debt relief order 17 APPLICATION FOR AN INCOME PAYMENT ORDER Objective Application Court fees Evidence Service Key materials Sections 310310A of the Insolvency Act 1986 Rules 10.10910.114 of the Insolvency (England and Wales) Rules 2016 Precedents 17.1 Application for an income payment order pursuant to section 310 of the Insolvency Act 1986 17.2 Witness statement in support of an application for an income payment order 17.3 Income payment order 18 APPLICATION FOR A PRIVATE EXAMINATION Objective Application Court fees Service Witness statement First hearing Return date Warrant for arrest Key materials Sections 366369 of the Insolvency Act 1986 Rules 12.1712.22 of the Insolvency (England and Wales) Rules 2016 Precedents 18.1 Letter requesting documents before an application is made for a private examination 18.2 Application for a private examination 18.3 Witness statement in support of an application for a private examination 18.4 Order for private examination 18.5 Warrant for the arrest of the examinee on his failure to attend a private examination 19 APPLICATION FOR A DECLARATION THAT A TRANSACTION IS INVALIDATED BY VIRTUE OF SECTION 284 OF THE INSOLVENCY ACT 1986 Objective Application Court fees Evidence Service First hearing Key materials Section 284 of the Insolvency Act 1986 Precedents 19.1 Application for a declaration of invalidity of a transfer pursuant to section 284 of the Insolvency Act 1986 19.2 Witness statement for a declaration that the transaction is invalidated by section 284 of the Insolvency Act 1986 19.3 Declaration that a transaction is invalidated pursuant to section 284 of the Insolvency Act 1986 20 APPLICATION TO SET ASIDE A TRANSACTION AT AN UNDERVALUE Objective Application Court fees Evidence Service First hearing Key materials Sections 339, 341342 and 435 of the Insolvency Act 1986 Precedents 20.1 Application for a declaration that a payment is a transaction at an undervalue pursuant to section 339 of the Insolvency Act 1986 20.2 Witness statement to set aside a transaction at an undervalue pursuant to section 339 of the Insolvency Act 1986 20.3 Declaration that a payment is a transaction at an undervalue pursuant to section 339 of the Insolvency Act 1986 21 APPLICATION TO SET ASIDE A PREFERENCE Objective Application Court fees Evidence Service First hearing Key materials Sections 340342 and 435 of the Insolvency Act 1986 Precedents 21.1 Application for a declaration of a preference pursuant to section 340 of the Insolvency Act 1986 21.2 Witness statement for a declaration of a preference pursuant to section 340 of the Insolvency Act 1986 21.3 Declaration of a preference pursuant to section 340 of the Insolvency Act 1986 22 APPLICATION TO SET ASIDE A TRANSACTION DEFRAUDING CREDITORS Objective Claim Court fees Evidence Key materials Sections 423425 of the Insolvency Act 1986 Precedents 22.1 Claim for a declaration that a payment is a transaction defrauding creditors pursuant to section 423 of the Insolvency Act 1986 22.2 Particulars of claim in support of a claim to set aside a fraudulent transaction pursuant to section 423 of the Insolvency Act 1986 22.3 Witness statement to set aside a fraudulent transaction pursuant to section 423 of the Insolvency Act 1986 22.4 Declaration that a payment is a transaction defrauding creditors pursuant to section 423 of the Insolvency Act 1986 23 APPEAL Objective Appeal notice Court fees Service Respondents notice Appeal bundle Time limits Key materials Part Four of the CPR Practice Direction Insolvency Proceedings Rules 12.58 and 12.61 of the Insolvency (England and Wales) Rules 2016 Schedule 10 to the Insolvency (England and Wales) Rules 2016 24 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 High Court judge? Urgent applications Evidence Bundles Time estimates Skeleton arguments Useful email addresses The Royal Courts of Justice The County Court at Central London Court dress Court fees Key materials Rules 1.5, 1.6, 1.35, 10.11 and 12.5 of the Insolvency (England and Wales) Rules 2016 Schedule 4 to the Insolvency (England and Wales) Rules 2016 Schedule 5 to the Insolvency (England and Wales) Rules 2016 Schedule 6 to the Insolvency (England and Wales) Rules 2016 Parts One and Three of the CPR Practice Direction Insolvency Proceedings Precedents 24.1 Blank application form 24.2 Certificate of urgency 24.3 Bankruptcy petition on default of a voluntary arrangement 24.4 Creditors bankruptcy petition on failure to comply with a statutory demand for a liquidated sum payable at a future date 24.5 Creditors bankruptcy petition on failure to comply with a statutory demand for a liquidated sum payable immediately 24.6 Creditors bankruptcy petition where execution or other process on a judgment has been returned in whole or part 24.7 Debtors notice of opposition 24.8 List of appearances 24.9 Notice of persons intending to appear 24.10 Statutory demand under section 268(1)(a) of the Insolvency Act 1986. Debt for liquidated sum payable immediately following a judgment or order of the court 24.11 Statutory demand for a liquidated sum 24.12 Statutory demand for a debt payable at a future date 24.13 Listing certificate for a non-attendance pre trial review Index
