New Square Chambers

This Practice Note considers the procedure for petitioning the court to make a winding-up order on the just and equitable ground, including preliminary considerations of funding and limitation issues, key procedural steps and practical considerations.

This Practice Note considers the statutory procedure of a winding-up petition on the just and equitable ground under section 122(1)(g) of the Insolvency Act 1986, what it is and when it can be used to protect minority shareholders’ rights. It looks at who can bring a petition, the companies against which a petition can be brought and the grounds for ordering a company to be wound up (including unfair prejudice). It also looks at the impact of the petitioner’s conduct (including delay) and the remedies available.

This Practice Note, produced in partnership with Jessica Powers of New Square Chambers , discusses the obligation of contributories to settle the debts and liabilities of a registered or unregistered company (to include a partnership) in liquidation as well as the expenses of the liquidation where the assets of the company are insufficient. It examines the general position, calls following a liquidation, the basic principles of contributories’ liability, calls and set-off, and the bankruptcy of a contributory.

This Practice Note explains the mediation process including the best time to undertake the mediation of a trust or probate dispute, the parties to the mediation, the role of the mediator and what to expect on the day of the mediation. It also covers the structure and mechanics of the mediated settlement.

This Practice Note, produced in partnership with South Square Chambers and updated by Jessica Powers of New Square Chambers, discusses the difference between the anti-deprivation principle (which prevents parties from contracting out of the statutory regime for the collection, realisation and distribution of an insolvent estate) and the pari passu principle (which seeks to ensure the pro rata distribution of an insolvent estate among creditors).

This Practice Note considers the key procedural aspects of pursuing a section 994 unfair prejudice claim (previously known as a section 459 petition), including funding, limitation, an outline of the procedure and costs issues, as well as some general practical considerations.

This Practice Note considers what an unfair prejudice claim or petition (a section 994 petition, previously known as a section 459 petition) is and when it should be used to protect a minority shareholder’s rights. It also gives examples of unfair prejudice and deals with the remedies available with reference to section 996 of the Companies Act 2006.

This Q&A considers the process where a beneficiary wishes to extinguish a co-beneficiary’s life interest trust and the latter has learning disabilities.

This Q&A considers the sale of part of a parcel of land following the granting of a possession order—and whether or not the charge holder is first required to register the land in its name before sale.

This Q&A considers the inheritance tax implications of a charity residuary beneficiary joining in a variation as settlement of a claim brought against the estate under the Inheritance (Provision for Family and Dependants) Act 1975 where a greater part of the estate may now pass to a non-exempt beneficiary.

This Q&A considers persons eligible to buy a property following the obtaining of an order for sale.

This Q&A considers the reimbursement of application expenses for a Deputyship Order.

This Q&A considers the type of grant necessary for an individual to administer two people's estate.

This Q&A looks at the requirements under the Prescription Act.

This Q&A considers forfeiture of commercial premises where it is argued that an implied tenancy exists.

This Q&A considers the position of a represented tenant who proposed to take a lease of premises for an unrepresented landlord.

This Q&A considers whether a landlord could be said, by implication, to have consented to an assignment of a tenancy in circumstances where the landlord accepts the payment of rent from a partnership as opposed to an individual tenant.

This Q&A considers the time at which the tenant must give up vacant possession.

This Q&A considers whether the judgment debtor or shareholder of the company registered as proprietor is an incumbrancer for the purposes of LPA 1925, s 105 where a BVI company owns a property which is about to be sold.

This Q&A considers the right a partial beneficial owner of property has to a share of rental income collected by the sole legal owner of that property.