Insolvency Litigation: A Practical Guide 3rd ed

Edited by: Adam Deacock

ISBN13: 9780414090491
Published: December 2021
Publisher: Sweet & Maxwell Ltd
Country of Publication: UK
Format: Hardback

Insolvency Litigation: A Practical Guide 3rd Edition provides a comprehensive commentary on the process, procedure and issues faced by practitioners conducting insolvency related litigation. This title offers specific practical guidance to the most important court applications on this specialist area of insolvency practice, including;

Focused coverage of the mechanics of litigation in insolvency proceedings
Completely updated in line with the Insolvency Rules 2016 as amended and after the Corporate Insolvency and Governance Act 2020
Provides detailed guidance on court practice and procedure and the principles of law relevant to insolvency litigation
Two new chapters – one providing an overview of corporate restructuring, the other providing an overview of insolvency litigation in the Caribbean (Cayman Islands, Bermuda, and the BVI)
Offers detailed guidance to different aspects of litigation, including litigation against an insolvent defendant, limitation, costs and funding issues, litigation by office holders and their approach to litigation and the types of application that arise in insolvency cases
Summarises the issues relevant to cross-border insolvency
Deals with challenging the acts and decisions of the officeholder and their removal
Considers applications to set aside transactions under the Insolvency Act 1986 in the context of both corporate insolvency and bankruptcy, enforcing the duty to cooperate with the officeholder, wrongful and fraudulent trading and misfeasance
Covers personal insolvency litigation issues and applications such as the matrimonial home and conflicts with family law, annulment, income payment orders and applications to suspend a bankrupt’s date of discharge
Looks at the process and nature of different types of applications in corporate insolvency such as applications for permission to be a director of a company with a prohibited name, validation orders and applications to end the administration

Contents:
Introduction
An Introduction to Court Procedure and Practice
Statutory Demands
Bankruptcy Petitions
Winding-Up Petitions
Applications to Court for an Administration Order
Litigation by Office-Holders and Their Approach to Litigation
How Can an Office-Holder Fund Litigation and Pay any Adverse Costs Orders?
Limitation Periods in Insolvency Claims
Cross-Border Issues
Insolvency proceedings in the Caribbean
Validation orders
Enforcing the Duty to Co-Operate with the Office-Holder
Challenging an Office-Holder
Reviewable Transactions in Corporate Insolvency
Reviewable Transactions in Bankruptcy
Annulment of Bankruptcy
The Matrimonial Home and Conflicts with Family Law
Income Payment Agreements and Orders
Suspension of Automatic Discharge from Bankruptcy
Claims under Section 212 of the Insolvency Act and Misfeasance
Fraudulent Trading and Wrongful Trading
Overview to Corporate Restructuring
Challenges to a Voluntary Arrangement
Applications to Restrain Presentation or Advertisement of a Winding-Up Petition
Prohibited Names and Applications for Permission to Act
Administrator's Application to Extend or End the Administration
Litigating against Insolvent Entities

Keywords: Insolvency litigation, insolvency law guide, insolvency court procedures, cross-border insolvency, insolvency litigation 3rd edition, Sweet & Maxwell, Adam Deacock, Josh Lewison, corporate insolvency law, insolvency practice UK.

Target Audience: Insolvency practitioners, litigation lawyers, solicitors, barristers, corporate insolvency specialists, insolvency office holders, liquidators, administrators, legal academics, and law firm libraries.

Genre: Law / Legal Reference / Practice & Procedure / Insolvency Law.

Q&A

Q1: What is Insolvency Litigation: A Practical Guide (3rd Edition) about? A: Insolvency Litigation: A Practical Guide (3rd Edition) is a comprehensive legal reference that provides clear guidance on the processes, court procedures, and legal issues encountered by practitioners in insolvency-related litigation. Written by Adam Deacock and Josh Lewison, it covers key topics including litigation mechanics, cross-border insolvency, corporate restructurings, challenges to officeholders' decisions, and setting aside transactions under the Insolvency Act.

Q2: Who are the main authors/editors of this 3rd edition? A: The book is edited and authored by experienced insolvency legal specialists Adam Deacock and Josh Lewison, published by Sweet & Maxwell.

Q3: What new topics or updates are included in the 3rd Edition? A: The 3rd Edition is fully updated in line with the Insolvency Rules 2016 and the Corporate Insolvency and Governance Act 2020. It features new dedicated chapters covering Company Voluntary Arrangements (CVAs) and insolvency litigation in Caribbean jurisdictions (Cayman Islands, Bermuda, and the British Virgin Islands).

Q4: What types of court applications and issues does the book address? A: It covers a wide range of applications, such as applications against insolvent defendants, funding and costs, validation orders, applications to end administration, wrongful and fraudulent trading, misfeasance, and personal insolvency issues like matrimonial homes and discharge dates.

Q5: Where can I buy Insolvency Litigation: A Practical Guide (3rd Edition)? A: You can purchase Insolvency Litigation: A Practical Guide (3rd Edition) directly online through the CLNZ Books webstore, with available worldwide shipping.