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A summary checklist and timeline for bringing misfeasance, fraudulent trading and wrongful trading claims under sections 212, 213, 246ZA, 214 and 246ZB of the Insolvency Act 1986

A summary checklist and timeline for bringing misfeasance, fraudulent trading and wrongful trading claims under sections 212, 213, 246ZA, 214 and 246ZB of the Insolvency Act 1986 Checklist This Checklist is in relation to claims under sections 212–214, 246ZA and 246ZB of the Insolvency Act 1986 (IA 1986), being commenced by an insolvency office-holder. For further reading on claims under IA 1986, ss 212–214, 246ZA and 246ZB generally, see Practice Notes: • Misfeasance claims under section 212 of the Insolvency Act 1986 • Fraudulent trading claims under sections 213 and 246ZA of the Insolvency Act 1986 • Wrongful trading claims under sections 214 and 246ZB of the Insolvency Act 1986 Step/action Time (days) Section/rule 1. Investigate the events and circumstances leading to the insolvency of the company and the matters giving rise to the claim(s) against the respondent(s). This would include obtaining the company's books and records, interviewing directors, former directors and any persons with information concerning the promotion, formation, business, dealings, affairs or property of the company.It...

Ending a claim—checklist

Ending a claim—checklist How can litigation be brought to an end? There are a number of ways in which litigation can be ended. These include: Action Further guidance Admissions under CPR 14 which could effectively bring the dispute to an end Practice Note: Admissions Jurisdiction—the court may not have the jurisdiction to determine the matter, finding for example, that it should be determined by another country, by arbitration, etc Practice Note: Challenging court jurisdiction—overview, and then more detailed guidance on various aspects of this topic, including Practice Notes:Challenging court jurisdiction—general principlesChallenging court jurisdiction—has a party submitted to a jurisdiction?Challenging court jurisdiction—application under CPR 11 (timing and extensions of time)Challenging court jurisdiction—application under CPR 11 (general considerations)Also relevant Precedents, including: Draft order for an application to challenge English court jurisdiction, Witness statement in support of an application to challenge English court jurisdiction and Witness statement opposing an application to challenge English court jurisdiction The defendant failing to engage in the proceedings, which results in the court entering a judgment in...

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Flowchart of procedure for appeals in the Court of Appeal—pre October 2012 [Archived]

Flowchart of procedure for appeals in the Court of Appeal—pre October 2012 [Archived] ARCHIVED: This Practice Note has been archived and is not maintained. NOTE: SAVE FOR WHERE THE APPEAL NOTICE WAS FILED OR PERMISSION TO APPEAL WAS OBTAINED BEFORE 1 OCTOBER 2012, THIS PRACTICE NOTE IS FOR HISTORIC PURPOSES ONLY. Further, the CPR rules and practice directions referred to in this guidance will link through

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Disclosure—solicitors' obligations

Disclosure—solicitors' obligations This Practice Note identifies solicitors’ obligations in relation to disclosure to their client and the court. It also explains the need to preserve documents, provide the required disclosure and co-operate with the other side particularly in relation to electronic disclosure (e-disclosure). This Practice Note does not cover the provisions of the disclosure scheme operating in the Business and Property Courts. For guidance, see: Disclosure scheme—overview. Obligations Throughout the disclosure process you have obligations to your client, to the court and in accordance with other relevant provisions. These include, but are not limited to: • advising your client of the need to preserve documents—see further: Preservation of documents • ensuring your client complies with all relevant and applicable provisions and makes compliant disclosure—see further: Full disclosure • co-operating with the other side, specifically in relation to e-disclosure and/or where the claim is proceeding on the multi-track and does not involve a claim for personal injury—see further: Co-operating with the other side • a reasonable duty to manage...

Disclosure—practical tips on conducting a reasonable search (standard disclosure) [Archived]

Disclosure—practical tips on conducting a reasonable search (standard disclosure) [Archived] ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note sets out practical tips for conducting a reasonable search for standard disclosure under CPR 31.7 such as timing, the Electronic Documents Questionnaire (EDQ), strategy, proportionality, co-operation and collaboration. Cost shifting is also considered ie shifting the costs to the other party through the court ordering the costs associated with disclosure (or part of it, such as restoration), be apportioned between the parties. This Practice Note ought to be read in conjunction with Practice Notes: • Disclosure—introduction—Conducting the disclosure exercise—practical tips • Disclosure—standard disclosure and the reasonable search • Disclosure—processing documents This Practice Note does not cover the provisions of the disclosure scheme in the Business and Property Courts. For guidance, see: Disclosure scheme—overview. General Disclosure can be a daunting task. The following provide tips to try and make the process more manageable: • start early: you should try and start the disclosure process...

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Letter responding to request for consent to relief from sanctions

Letter responding to request for consent to relief from sanctions [insert name and address of claimant or defendant or claimant's or defendant’s legal representative] [insert date] Dear [insert organisation name] [Claimant v Defendant—Case number] Thank you for your letter of [insert date] requesting that our client consents to an application for relief from sanctions [set out details of the requested relief from sanctions]. [ [We have considered your request but confirm that we are unable to agree to it. [Set out reasons for refusing request] OR [Set out reasons why the requested extension is too long, and make proposal for a shorter extension]] OR We have considered your request and are

Witness statement in support of application for specific disclosure

Witness statement in support of application for specific disclosure Filed on behalf of the [Claimant OR Defendant] Witness statement of [insert initial and surname of witness] Number of witness statement: [insert number of witness statement in relation to the witness] Exhibit details: [insert initials and number of each exhibit referred to] Date on which the statement was made: [insert date] [Date of translation: [insert date]] Claim No. [insert claim number]. [IN THE HIGH COURT OF JUSTICE [BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert location] OR [Specify division] [Specify specialist court] [Insert location] DISTRICT REGISTRY THE COUNTY COURT AT [insert location] [BUSINESS AND PROPERTY COURTS LIST between: [insert name]        Claimant and [insert name]        Defendant _______________________________________ [NUMBER OF WITNESS STATEMENT EG FIRST] witness statement of [insert name of witness] On behalf of the [Claimant OR Defendant] _______________________________________ I, [Insert full name of witness] of [insert address] will say as follows: 1 I am [set out position of witness and involvement in the...

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In the context of understanding whether or not permission is needed to serve debt proceedings on a company based in Jersey where there is an express jurisdictional clause in the contract submitting to the English courts, could Regulation (EU) 1215/2012, Brussels I (recast) apply?

In the context of understanding whether or not permission is needed to serve debt proceedings on a company based in Jersey where there is an express jurisdictional clause in the contract submitting to the English courts, could Regulation (EU) 1215/2012, Brussels I (recast) apply? This Q&A considers the relevance of Regulation (EU) 1215/2012, Brussels I (recast) when considering whether permission is required to serve out of the jurisdiction. What is the relevance of Regulation (EU) 1215/2012 (Brussels I (recast)) when considering whether permission is required to serve out of the jurisdiction? Permission is not required to serve a claim form out of the jurisdiction where the factors in CPR 6.32 or CPR 6.33 are satisfied (note that CPR 6.32 is not relevant in this instance as it only applies to Scotland and Northern Ireland). CPR 6.33 sets out various scenarios where the permission of the court is not required to serve out of the UK. These include (at CPR 6.33(2)) reference to various provisions of Regulation (EU) 1215/2012 (Brussels I...

A litigant in person has filed a list of documents for disclosure but has not filed a disclosure statement. Does CPR 31.21 apply and is there an automatic sanction for failure to provide a disclosure statement? Can the litigant rely on the documents without permission from the court or have relief from the sanctions?

A litigant in person has filed a list of documents for disclosure but has not filed a disclosure statement. Does CPR 31.21 apply and is there an automatic sanction for failure to provide a disclosure statement? Can the litigant rely on the documents without permission from the court or have relief from the sanctions? Disclosure statement CPR 31.10 sets out the procedure for giving standard disclosure. This requires a party to make a list of documents in the relevant practice form (N265) which includes a disclosure statement (see the annex to CPR PD 31A). CPR 31.10(5) requires a list of documents to include a disclosure statement which should indicate the individual statements listed in CPR 31.10(6): • setting out the extent of the search undertaken to locate documents to be disclosed • certifying that the party giving disclosure understands the duty to disclose documents • certifying to the best of his knowledge he has carried out that duty Unless the parties have agreed in writing that...

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Construction weekly highlights—8 May 2025

This week's edition of Construction weekly highlights includes a case where the Court of Appeal upheld a Technology and Construction Court (TCC) decision affirming that the appellant’s entitlement to levy delay damages was subject to a condition precedent (DBS v Tata), a case where the TCC considered inadvertent disclosure and the applicable principles to decide whether or not permission could be given to use those documents in the proceedings (The New Lottery Company v The Gambling Commission), CIOB’s response to the Government’s reaction to the Grenfell Tower Inquiry Phase 2 Report, publication of the Ministry of Housing, Communities and Local Government (MHCLG)’s impact assessment on the Planning and Infrastructure Bill (Bill) as well as the Royal Institute of British Architects (RIBA)’s recommendations for the Bill, and publication of the Royal Institution of Chartered Surveyors (RICS)’s UK Construction Monitor for Q1 2025.

PI & Clinical Negligence weekly highlights—8 May 2025

This week’s edition of PI & Clinical Negligence weekly highlights includes a Court of Appeal decision which confirms the primacy of the ‘but-for’ test of causation. We also consider upcoming changes to whiplash tariff amounts, a Court of Appeal judgment which provides guidance on causation in low-dose asbestos claims and we take a look at recent developments in military deafness claims including a test case which is due to be heard later this year. In addition, we have our usual round-up of other news, cases and New Law Journal articles of interest and we have included a free webinar.