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 EditionTable of CasesTable of StatutesTable of Statutory InstrumentsTable of Practice Directions and Practice NotesTable of International MaterialTable of Forms and Guides1STATUTORY DEMANDObjectiveStatutory formServiceEvidenceNotesKey materialsSection 268 of the Insolvency Act 1986Rules 10.1–10.3 of the Insolvency (England and Wales) Rules 2016Precedents1.1Creditor’s statutory demand1.2Certificate of personal service2APPLICATION TO SET ASIDE A STATUTORY DEMANDObjectiveApplicationCourt feesTime limitEvidenceKey materialsRules 10.4 and 10.5 of the Insolvency (England and Wales) Rules 2016Precedent2.1Application to set aside a statutory demand3CREDITOR’S BANKRUPTCY PETITIONObjectiveExpediting the petition and the hearingPetitionEvidenceCourt feesServiceHearingWithdrawal or dismissalKey materialsSections 264–271 of the Insolvency Act 1986Rules 10.6–10.17, 10.20–10.26 and 10.30 of the Insolvency (England and Wales) Rules 2016Precedents3.1Bankruptcy petition3.2Witness statement verifying the bankruptcy petition3.3List of appearances3.4Certificate of continuing debt4RESPONDING TO A CREDITOR’S PETITION: NOTICE TO ATTEND AT THE HEARING OF A PETITIONObjectiveNotice of intention to appearCourt feesServiceKey materialsRules 10.17–10.19, 10.27 and 10.29–10.30 of the Insolvency (England and Wales) Rules 2016Precedents4.1Notice by debtor of intention to oppose bankruptcy petition4.2Witness statement in opposition to the petition for bankruptcy5RESPONDING TO A PETITION: APPLICATION FOR A VALIDATION ORDERObjectiveApplicationCourt feesEvidenceServiceKey materialsSection 284 of the Insolvency Act 1986Paragraph 14.8 of the CPR Practice Direction – Insolvency ProceedingsPrecedents5.1Ordinary application for a validation order pursuant to section 284 of the Insolvency Act 19865.2Draft validation order5.3Debtor’s witness statement in support of an application for a validation order5.4Accountant’s witness statement in support of an application for a validation order6APPLICATION TO ANNUL A BANKRUPTCY ORDERObjectiveApplicationCourt feesEvidenceServiceReport by trusteeApplicant’s claim that remuneration is or expenses are excessiveHearingKey materialsSections 261 and 282 of the Insolvency Act 1986Rules 10.132–10.141 of the Insolvency (England and Wales) Rules 2016Precedents6.1Application for annulment under section 282(1)(b) of the Insolvency Act 19866.2Draft order for annulment under section 282(1)(b) of the Insolvency Act 19866.3Witness statement in support of an application for annulment under section 282(1)(b) of the Insolvency Act 1987APPLICATION TO RESCIND A BANKRUPTCY ORDERObjectiveApplicationCourt feesEvidenceServiceKey materialsSection 375 of the Insolvency Act 1986Precedents7.1Application for rescission under section 375 of the Insolvency Act 19867.2Draft order for rescission under section 375 of the Insolvency Act 19867.3Witness statement in support of an application for rescission under section 375 of the Insolvency Act 19868APPLICATION FOR PERMISSION TO ACT AS A DIRECTOR OF A COMPANY NOTWITHSTANDING BANKRUPTCYObjectiveApplicationCourt feesEvidenceServiceOfficial Receiver’s reportHearingKey materialsSection 11 of the Company Directors Disqualification Act 1986Rules 9.25–9.27 of the Insolvency (England and Wales) Rules 2016Precedents8.1Application for permission under section 11 of the Company Directors Disqualification Act 19868.2Draft order for permission under section 11 of the Company Directors Disqualification Act 19868.3Witness statement in support of an application for permission under section 11 of the Company Directors Disqualification Act 19869APPLICATION FOR DIRECTIONS BY A TRUSTEE IN BANKRUPTCYObjectiveApplicationCourt feesEvidenceServiceFirst hearingKey materialsSection 303(2) of the Insolvency Act 1986Precedents9.1Ordinary application for directions by the trustee in bankruptcy9.2Witness statement in support of an application for directions9.3Order on the trustee’s application for directions10APPLICATION TO APPOINT AN INTERIM RECEIVERObjectiveApplicationCourt feesEvidenceServiceHearingKey materialsSection 286 of the Insolvency Act 1986Rules 10.49–10.54 of the Insolvency (England and Wales) Rules 2016Precedents10.1Application for the appointment of an interim receiver10.2Witness statement in support of an application for an interim receiver10.3Draft order appointing an interim receiver11APPLICATION FOR COMPENSATION AGAINST A TRUSTEE IN BANKRUPTCYObjectiveApplicationCourt feesEvidenceServiceFirst hearingKey materialsSection 304 of the Insolvency Act 1986Precedents11.1Application for compensation against a trustee in bankruptcy11.2Witness statement in support of an application for compensation against a trustee in bankruptcy11.3Declaration that there has been a breach of duty by a trustee in bankruptcy12APPLICATION FOR AN ORDER FOR THE SALE OF THE BANKRUPT’S HOMEObjectiveApplicationCourt feesEvidenceFirst hearingServiceKey materialsSections 283A, 313A, 335A, 336, 337 and 338 of the Insolvency Act 1986Rules 10.121–10.124 and 10.167–10.170 of the Insolvency (England and Wales) Rules 2016Precedents12.1Application for a declaration of interest and order for sale of the bankrupt’s matrimonial home12.2Witness statement in support of an application for a declaration of interest in and order for sale of the bankrupt’s matrimonial home12.3Declaration of interest and order for sale of the bankrupt’s matrimonial home13APPLICATION FOR AN INTERIM ORDER IN SUPPORT OF AN INDIVIDUAL VOLUNTARY ARRANGEMENTObjectiveApplicationCourt feesEvidenceServiceSteps following the making of an interim orderFurther directionsKey materialsSections 252–256 of the Insolvency Act 1986Rules 8.8–8.18 of the Insolvency (England and Wales) Rules 2016Precedents13.1Ordinary application for an interim order13.2Witness statement in support of an application for an interim order13.3Interim order of court under section 252 of the Insolvency Act 198614APPLICATION FOR LEAVE TO ENFORCE SECURITY OR SEEK POSSESSION DESPITE AN INTERIM ORDERObjectiveApplicationCourt feesEvidenceServiceKey materialsSection 254 of the Insolvency Act 1986Precedents14.1Ordinary application for permission to enforce security despite an interim order14.2Witness statement in support of an application for permission to enforce security despite an interim order14.3Order for permission to enforce security despite an interim order15APPLICATION TO CHALLENGE DECISIONS MADE BY A MEETING FOR AN INDIVIDUAL VOLUNTARY ARRANGEMENTObjectiveApplicationCourt feesEvidenceServiceKey materialsSections 262–262B of the Insolvency Act 1986Rules 8.22–8.24 of the Insolvency (England and Wales) Rules 2016Precedents15.1Application for an order revoking a decision made by the creditors’ meeting in an individual voluntary arrangement15.2Witness statement in support of an application for an order revoking a decision made by the creditors’ meeting in an individual voluntary arrangement15.3Draft order revoking a decision made by the creditors’ meeting in an individual voluntary arrangement16APPLICATION TO CHALLENGE DECISIONS IN RESPECT OF A DEBT RELIEF ORDEROverviewApplicationCourt feesEvidenceServiceKey materialsSections 251M and 251X of the Insolvency Act 1986Rules 9.14 and 9.21–9.22 of the Insolvency (England and Wales) Rules 2016Precedents16.1Ordinary application for an order revoking a debt relief order16.2Witness statement in support of an application for an order revoking a debt relief order16.3Draft order revoking a debt relief order17APPLICATION FOR AN INCOME PAYMENT ORDERObjectiveApplicationCourt feesEvidenceServiceKey materialsSections 310–310A of the Insolvency Act 1986Rules 10.109–10.114 of the Insolvency (England and Wales) Rules 2016Precedents17.1Application for an income payment order pursuant to section 310 of the Insolvency Act 198617.2Witness statement in support of an application for an income payment order17.3Income payment order18APPLICATION FOR A PRIVATE EXAMINATIONObjectiveApplicationCourt feesServiceWitness statementFirst hearingReturn dateWarrant for arrestKey materialsSections 366–369 of the Insolvency Act 1986Rules 12.17–12.22 of the Insolvency (England and Wales) Rules 2016Precedents18.1Letter requesting documents before an application is made for a private examination18.2Application for a private examination18.3Witness statement in support of an application for a private examination18.4Order for private examination18.5Warrant for the arrest of the examinee on his failure to attend a private examination19APPLICATION FOR A DECLARATION THAT A TRANSACTION IS INVALIDATED BY VIRTUE OF SECTION 284 OF THE INSOLVENCY ACT 1986ObjectiveApplicationCourt feesEvidenceServiceFirst hearingKey materialsSection 284 of the Insolvency Act 1986Precedents19.1Application for a declaration of invalidity of a transfer pursuant to section 284 of the Insolvency Act 198619.2Witness statement for a declaration that the transaction is invalidated by section 284 of the Insolvency Act 198619.3Declaration that a transaction is invalidated pursuant to section 284 of the Insolvency Act 198620APPLICATION TO SET ASIDE A TRANSACTION AT AN UNDERVALUEObjectiveApplicationCourt feesEvidenceServiceFirst hearingKey materialsSections 339, 341–342 and 435 of the Insolvency Act 1986Precedents20.1Application for a declaration that a payment is a transaction at an undervalue pursuant to section 339 of the Insolvency Act 198620.2Witness statement to set aside a transaction at an undervalue pursuant to section 339 of the Insolvency Act 198620.3Declaration that a payment is a transaction at an undervalue pursuant to section 339 of the Insolvency Act 198621APPLICATION TO SET ASIDE A PREFERENCEObjectiveApplicationCourt feesEvidenceServiceFirst hearingKey materialsSections 340–342 and 435 of the Insolvency Act 1986Precedents21.1Application for a declaration of a preference pursuant to section 340 of the Insolvency Act 198621.2Witness statement for a declaration of a preference pursuant to section 340 of the Insolvency Act 198621.3Declaration of a preference pursuant to section 340 of the Insolvency Act 198622APPLICATION TO SET ASIDE A TRANSACTION DEFRAUDING CREDITORSObjectiveClaimCourt feesEvidenceKey materialsSections 423–425 of the Insolvency Act 1986Precedents22.1Claim for a declaration that a payment is a transaction defrauding creditors pursuant to section 423 of the Insolvency Act 198622.2Particulars of claim in support of a claim to set aside a fraudulent transaction pursuant to section 423 of the Insolvency Act 198622.3Witness statement to set aside a fraudulent transaction pursuant to section 423 of the Insolvency Act 198622.4Declaration that a payment is a transaction defrauding creditors pursuant to section 423 of the Insolvency Act 198623APPEALObjectiveAppeal noticeCourt feesServiceRespondent’s noticeAppeal bundleTime limitsKey materialsPart Four of the CPR Practice Direction – Insolvency ProceedingsRules 12.58 and 12.61 of the Insolvency (England and Wales) Rules 2016Schedule 10 to the Insolvency (England and Wales) Rules 201624TOOLKITIssuing proceedings in the Royal Courts of JusticeCourts Electronic Filing – CE-FileCounty court or High Court?Insolvency and Companies Court judge or High Court judge?Urgent applicationsEvidenceBundlesTime estimatesSkeleton argumentsUseful email addressesThe Royal Courts of JusticeThe County Court at Central LondonCourt dressCourt feesKey materialsRules 1.5, 1.6, 1.35, 10.11 and 12.5 of the Insolvency (England and Wales) Rules 2016Schedule 4 to the Insolvency (England and Wales) Rules 2016Schedule 5 to the Insolvency (England and Wales) Rules 2016Schedule 6 to the Insolvency (England and Wales) Rules 2016Parts One and Three of the CPR Practice Direction – Insolvency ProceedingsPrecedents24.1Blank application form24.2Certificate of urgency24.3Bankruptcy petition on default of a voluntary arrangement24.4Creditor’s bankruptcy petition on failure to comply with a statutory demand for a liquidated sum payable at a future date24.5Creditor’s bankruptcy petition on failure to comply with a statutory demand for a liquidated sum payable immediately24.6Creditor’s bankruptcy petition where execution or other process on a judgment has been returned in whole or part24.7Debtor’s notice of opposition24.8List of appearances24.9Notice of persons intending to appear24.10Statutory demand under section 268(1)(a) of the Insolvency Act 1986. Debt for liquidated sum payable immediately following a judgment or order of the court24.11Statutory demand for a liquidated sum24.12Statutory demand for a debt payable at a future date24.13Listing certificate for a non-attendance pre trial reviewIndex