St Philips Chambers

This Practice Note, amended in light of the Insolvency (England and Wales) Rules 2016 by Amit Gupta of St Philips Chambers, looks at the process for a bankrupt to apply for their suspension from discharge to be lifted under rule 10.143 of the Insolvency (England and Wales) Rules 2016, and the factors that the court will take into account when considering such an application.

This Practice Note, produced in partnership with Lydia Pemberton of 3PB, sets out what bankruptcy restrictions undertakings (BRUs) are as alternative to bankruptcy restrictions orders, and summarises when and how BRUs are used in practice.

This Practice Note, produced in partnership with Kate Rogers of Radcliffe Chambers, looks at the circumstances in which a debtor company may—or may not—be wound up where the petition debt is disputed on genuine and substantial grounds. Such circumstances include where the debtor company has a counterclaim or cross-claim against the petitioning creditor, and where the debtor is balance sheet solvent but cash flow insolvent.

This Practice Note, amended in light of the Insolvency (England and Wales) Rules 2016 by Lydia Pemberton of 3PB, considers what effect a bankruptcy restrictions order (BRO) has on an individual, how long a BRO may last for, and how a BRO ceases to have effect.

This Practice Note, produced in partnership with Ali Tabari and Alex Bradford of St Philips Chambers, considers the overall effect of an individual voluntary arrangement (IVA), including the effect on unsecured creditors, secured creditors, proceedings against the debtor, third parties and completion and default.

This Practice Note outlines the definition and scope of judicial review, what it is and when it is available. It provides introductory guidance to judicial review claims. It considers key preliminary and pre-action issues, such as who and what can be challenged and by whom, the grounds for bringing a claim in judicial review, the remedies that can be sought and when judicial review should and should not be used.

This Practice Note looks at the automatic moratorium, or stay, which arises when a company enters administration. It considers the purpose of the moratorium, when it applies, its scope and effect. It also considers how to proceed when there is a moratorium in place and the factors the court will take into account when faced with an application to lift the moratorium.

This Practice Note, amended in light of the Insolvency (England and Wales) Rules 2016 by Amit Gupta of St Philips Chambers, looks at the 'three-year rule' applicable to bankruptcy cases involving the bankrupt’s main place of residence, which arises under section 283A of the Insolvency Act 1986 and is one of the most important deadlines facing a trustee in bankruptcy.