Ryan Hocking

This Q&A discusses whether a trustee in bankruptcy can transfer a charging order obtained under section 313 of the Insolvency Act 1986 to a third party.

This Q&A considers the process of making an unjust enrichment claim against a company director who was paid in error and other remedies available if the company appears to be insolvent.

This Q&A considers whether a scheme of arrangement can be approved by a virtual meeting of creditors or shareholders during the coronavirus (COVID-19) crisis.

This Q&A explores whether an application under CPR 31.22(1)(b) can be made pre-issue, if the other party does not agree under CPR 31.22(1)(c) where the documents are needed to draft particulars of claim.

The Q&A sets out when the parties should file and serve their Precedent R.

This Q&A considers whether section 233B of the Insolvency Act 1986 prevents a supplier from calling on a parent company guarantee (or other security) triggered by the insolvency of a customer.

This Q&A considers whether section 248 of the Insolvency Act 1986 applies to administrations.

This Q&A considers the changes to be made in respect of CPR 14 and pre-action admissions from 1 October 2023.

This Q&A considers the practical considerations when serving a claim for in a Hague Convention State in light of the coronavirus (COVID-19) pandemic.

This Q&A considers the practical considerations when serving a claim for in an EU Member State in light of the coronavirus (COVID-19) pandemic.

This Q&A considers whether a witness statement which is signed using an old format of the statement of truth that is no longer in force under the Civil Procedure Rules is admissible.

This Q&A considers when a statutory demand is deemed to be served when the statutory demand was posted by first class recorded delivery to the registered company.

This Q&A considers whether a petitioner is entitled to have the petition costs recognised as an expense of the administration when a company has gone into administration.

This Q&A examines whether it is possible to to serve an unfair prejudice petition or claim form on a PSC at the address registered at Companies House, using the methods of service prescribed by CPR 6.

This Q&A considers the relevant principles for when a court might include a penal notice on an order granting an injunction.

This Q&A considers whether CPR 74.4(2)(a), which requires the written evidence supporting an application for registration to include the name of the judgment creditor and their address for service within the jurisdiction, implies that a judgment creditor who is a director and shareholder of a company incorporated in Hong Kong must instruct solicitors in the UK to accept service of documents.

This Q&A considers the approach to be taken when renewing a stay in proceedings where the parties have all agreed to a renewal of the stay. The issue is whether the renewal of the stay can be achieved through a consent order lodged with the court or whether a formal application to the court needs to be made.

This Q&A considers whether interest claimed in conjunction with a statutory demand should be set out in the demand itself, or whether the fact it is set out in a facility agreement to which the creditor and debtor are parties will suffice for the purpose of rule 7.3(2) of the Insolvency (England and Wales) Rules 2016.