Selborne Chambers

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Chris de Beneducci
Selborne Chambers
Mark Spackman
Selborne Chambers
Paul Wright
Barrister
Selborne Chambers
Contributions by Selborne Chambers Experts

7

Summary judgment and strike out in insolvency proceedings
Summary judgment and strike out in insolvency proceedings
Practice Notes

This Practice Note, produced in partnership with Paul Wright of Selborne Chambers, considers summary judgment under CPR 24 (which decides a litigation claim or issue in a claim without a trial) and strike out under CPR 3.4 (which can result in a litigation party’s statement of case being struck out, either in full or in part, effectively bringing the substantive proceedings to an end). It briefly sets out who can apply for summary judgment and/or strike out, when such an application should be made, whether a party is restricted from making application in any particular circumstances, the court’s power to make an order on its own initiative and challenging orders made on the court’s own initiative.

Creditor funding deed
Creditor funding deed
Precedents

This Precedent, produced in partnership with Paul Wright of Selborne Chambers, is a creditor funding agreement for insolvency practitioners to use.

Pre-commencement notice of funding where a pre-6 April 2016 conditional fee agreement is in place
Pre-commencement notice of funding where a pre-6 April 2016 conditional fee agreement is in place
Precedents

This Precedent, produced in partnership with Paul Wright of 9 Stone Buildings, is a notice of funding which had to be served on another party in litigation where a conditional fee agreement (CFA) was entered into before 6 April 2016 in respect of insolvency proceedings and where the party entering into the CFA wished to recover an additional liability from the other party, including any after-the-event insurance premium. It has been archived and is not maintained..

In relation to a disposal hearing, is it within the power of the judge to make an order for an injunction
In relation to a disposal hearing, is it within the power of the judge to make an order for an injunction
Q&A

This Q&A deals with whether a judge has the power to make an order granting an injunction at a disposal hearing held pursuant to CPR PD 26 paragraph 12.4.

What is the status of a winding-up petition if the winding-up order is rescinded? Does the rescission of
What is the status of a winding-up petition if the winding-up order is rescinded? Does the rescission of
Q&A

This Q&A considers the status of a winding-up petition where the winding-up order is rescinded.

Would an uncashed cheque solely in respect of personal injury be considered a ‘thing in action’ in
Would an uncashed cheque solely in respect of personal injury be considered a ‘thing in action’ in
Q&A

This Q&A considers whether an uncashed cheque constitutes a ‘thing in action’ in bankruptcy and whether the funds are required to be paid to the bankrupt.

Checklist and timeline for disclaimer—checklist
Checklist and timeline for disclaimer—checklist
Checklists

This Checklist and timeline, produced in partnership with Paul Wright of Selborne Chambers, sets out the process of disclaimer by a trustee in bankruptcy or liquidator where they have been called upon to make a decision by any person interested in any property held by the bankrupt or insolvent company as the case may be.

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