Personal Insolvency Practice

Professor Mark Watson-Gandy is a barrister at Three Stone Chambers. Mark is a Visiting Professor at the University of Westminster and at the Université de Lorraine in France; He is also the author of 'Corporate Insolvency Practice' (Wildy, Simmonds & Hill) and he is one of the Editors of 'Butterworths Corporate Law Service'

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

1STATUTORY DEMAND
Objective
Statutory form
Service
Evidence
Notes
Key materials
Section 268 of the Insolvency Act 1986
Rules 10.1–10.3 of the Insolvency (England and Wales) Rules 2016
Precedents
1.1Creditor’s statutory demand
1.2Certificate of personal service

2APPLICATION 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
2.1Application to set aside a statutory demand

3CREDITOR’S BANKRUPTCY PETITION
Objective
Expediting the petition and the hearing
Petition
Evidence
Court fees
Service
Hearing
Withdrawal or dismissal
Key materials
Sections 264–271 of the Insolvency Act 1986
Rules 10.6–10.17, 10.20–10.26 and 10.30 of the Insolvency (England and Wales) Rules 2016
Precedents
3.1Bankruptcy petition
3.2Witness statement verifying the bankruptcy petition
3.3List of appearances
3.4Certificate of continuing debt

4RESPONDING TO A CREDITOR’S PETITION: NOTICE TO ATTEND AT THE HEARING OF A PETITION
Objective
Notice of intention to appear
Court fees
Service
Key materials
Rules 10.17–10.19, 10.27 and 10.29–10.30 of the Insolvency (England and Wales) Rules 2016
Precedents
4.1Notice by debtor of intention to oppose bankruptcy petition
4.2Witness statement in opposition to the petition for bankruptcy

5RESPONDING 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
5.1Ordinary application for a validation order pursuant to section 284 of the Insolvency Act 1986
5.2Draft validation order
5.3Debtor’s witness statement in support of an application for a validation order
5.4Accountant’s witness statement in support of an application for a validation order

6APPLICATION TO ANNUL A BANKRUPTCY ORDER
Objective
Application
Court fees
Evidence
Service
Report by trustee
Applicant’s claim that remuneration is or expenses are excessive
Hearing
Key materials
Sections 261 and 282 of the Insolvency Act 1986
Rules 10.132–10.141 of the Insolvency (England and Wales) Rules 2016
Precedents
6.1Application for annulment under section 282(1)(b) of the Insolvency Act 1986
6.2Draft order for annulment under section 282(1)(b) of the Insolvency Act 1986
6.3Witness statement in support of an application for annulment under section 282(1)(b) of the Insolvency Act 198

7APPLICATION TO RESCIND A BANKRUPTCY ORDER
Objective
Application
Court fees
Evidence
Service
Key materials
Section 375 of the Insolvency Act 1986
Precedents
7.1Application for rescission under section 375 of the Insolvency Act 1986
7.2Draft order for rescission under section 375 of the Insolvency Act 1986
7.3Witness statement in support of an application for rescission under section 375 of the Insolvency Act 1986

8APPLICATION FOR PERMISSION TO ACT AS A DIRECTOR OF A COMPANY NOTWITHSTANDING BANKRUPTCY
Objective
Application
Court fees
Evidence
Service
Official Receiver’s report
Hearing
Key materials
Section 11 of the Company Directors Disqualification Act 1986
Rules 9.25–9.27 of the Insolvency (England and Wales) Rules 2016
Precedents
8.1Application for permission under section 11 of the Company Directors Disqualification Act 1986
8.2Draft order for permission under section 11 of the Company Directors Disqualification Act 1986
8.3Witness statement in support of an application for permission under section 11 of the Company Directors Disqualification Act 1986

9APPLICATION 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
9.1Ordinary application for directions by the trustee in bankruptcy
9.2Witness statement in support of an application for directions
9.3Order on the trustee’s application for directions

10APPLICATION TO APPOINT AN INTERIM RECEIVER
Objective
Application
Court fees
Evidence
Service
Hearing
Key materials
Section 286 of the Insolvency Act 1986
Rules 10.49–10.54 of the Insolvency (England and Wales) Rules 2016
Precedents
10.1Application for the appointment of an interim receiver
10.2Witness statement in support of an application for an interim receiver
10.3Draft order appointing an interim receiver

11APPLICATION 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
11.1Application for compensation against a trustee in bankruptcy
11.2Witness statement in support of an application for compensation against a trustee in bankruptcy
11.3Declaration that there has been a breach of duty by a trustee in bankruptcy

12APPLICATION FOR AN ORDER FOR THE SALE OF THE BANKRUPT’S 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 10.121–10.124 and 10.167–10.170 of the Insolvency (England and Wales) Rules 2016
Precedents
12.1Application for a declaration of interest and order for sale of the bankrupt’s matrimonial home
12.2Witness statement in support of an application for a declaration of interest in and order for sale of the bankrupt’s matrimonial home
12.3Declaration of interest and order for sale of the bankrupt’s matrimonial home

13APPLICATION 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 252–256 of the Insolvency Act 1986
Rules 8.8–8.18 of the Insolvency (England and Wales) Rules 2016
Precedents
13.1Ordinary application for an interim order
13.2Witness statement in support of an application for an interim order
13.3Interim order of court under section 252 of the Insolvency Act 1986

14APPLICATION 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
14.1Ordinary application for permission to enforce security despite an interim order
14.2Witness statement in support of an application for permission to enforce security despite an interim order
14.3Order for permission to enforce security despite an interim order

15APPLICATION TO CHALLENGE DECISIONS MADE BY A MEETING FOR AN INDIVIDUAL VOLUNTARY ARRANGEMENT
Objective
Application
Court fees
Evidence
Service
Key materials
Sections 262–262B of the Insolvency Act 1986
Rules 8.22–8.24 of the Insolvency (England and Wales) Rules 2016
Precedents
15.1Application for an order revoking a decision made by the creditors’ meeting in an individual voluntary arrangement
15.2Witness statement in support of an application for an order revoking a decision made by the creditors’ meeting in an individual voluntary arrangement
15.3Draft order revoking a decision made by the creditors’ meeting in an individual voluntary arrangement

16APPLICATION 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 9.21–9.22 of the Insolvency (England and Wales)
Rules 2016
Precedents
16.1Ordinary application for an order revoking a debt relief order
16.2Witness statement in support of an application for an order revoking a debt relief order
16.3Draft order revoking a debt relief order

17APPLICATION FOR AN INCOME PAYMENT ORDER
Objective
Application
Court fees
Evidence
Service
Key materials
Sections 310–310A of the Insolvency Act 1986
Rules 10.109–10.114 of the Insolvency (England and Wales) Rules 2016
Precedents
17.1Application for an income payment order pursuant to section 310 of the Insolvency Act 1986
17.2Witness statement in support of an application for an income payment order
17.3Income payment order

18APPLICATION FOR A PRIVATE EXAMINATION
Objective
Application
Court fees
Service
Witness statement
First hearing
Return date
Warrant for arrest
Key materials
Sections 366–369 of the Insolvency Act 1986
Rules 12.17–12.22 of the Insolvency (England and Wales) Rules 2016
Precedents
18.1Letter requesting documents before an application is made for a private examination
18.2Application for a private examination
18.3Witness statement in support of an application for a private examination
18.4Order for private examination
18.5Warrant for the arrest of the examinee on his failure to attend a private examination

19APPLICATION 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
19.1Application for a declaration of invalidity of a transfer pursuant to section 284 of the Insolvency Act 1986
19.2Witness statement for a declaration that the transaction is invalidated by section 284 of the Insolvency Act 1986
19.3Declaration that a transaction is invalidated pursuant to section 284 of the Insolvency Act 1986

20APPLICATION TO SET ASIDE A TRANSACTION AT AN UNDERVALUE
Objective
Application
Court fees
Evidence
Service
First hearing
Key materials
Sections 339, 341–342 and 435 of the Insolvency Act 1986
Precedents
20.1Application for a declaration that a payment is a transaction at an undervalue pursuant to section 339 of the Insolvency Act 1986
20.2Witness statement to set aside a transaction at an undervalue pursuant to section 339 of the Insolvency Act 1986
20.3Declaration that a payment is a transaction at an undervalue pursuant to section 339 of the Insolvency Act 1986

21APPLICATION TO SET ASIDE A PREFERENCE
Objective
Application
Court fees
Evidence
Service
First hearing
Key materials
Sections 340–342 and 435 of the Insolvency Act 1986
Precedents
21.1Application for a declaration of a preference pursuant to section 340 of the Insolvency Act 1986
21.2Witness statement for a declaration of a preference pursuant to section 340 of the Insolvency Act 1986
21.3Declaration of a preference pursuant to section 340 of the Insolvency Act 1986

22APPLICATION TO SET ASIDE A TRANSACTION DEFRAUDING CREDITORS
Objective
Claim
Court fees
Evidence
Key materials
Sections 423–425 of the Insolvency Act 1986
Precedents
22.1Claim for a declaration that a payment is a transaction defrauding creditors pursuant to section 423 of the Insolvency Act 1986
22.2Particulars of claim in support of a claim to set aside a fraudulent transaction pursuant to section 423 of the Insolvency Act 1986
22.3Witness statement to set aside a fraudulent transaction pursuant to section 423 of the Insolvency Act 1986
22.4Declaration that a payment is a transaction defrauding creditors pursuant to section 423 of the Insolvency Act 1986

23APPEAL
Objective
Appeal notice
Court fees
Service
Respondent’s 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

24TOOLKIT
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
24.1Blank application form
24.2Certificate of urgency
24.3Bankruptcy petition on default of a voluntary arrangement
24.4Creditor’s bankruptcy petition on failure to comply with a statutory demand for a liquidated sum payable at a future date
24.5Creditor’s bankruptcy petition on failure to comply with a statutory demand for a liquidated sum payable immediately
24.6Creditor’s bankruptcy petition where execution or other process on a judgment has been returned in whole or part
24.7Debtor’s notice of opposition
24.8List of appearances
24.9Notice of persons intending to appear
24.10Statutory 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
24.11Statutory demand for a liquidated sum
24.12Statutory demand for a debt payable at a future date
24.13Listing certificate for a non-attendance pre trial review

Index