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Debt relief orders (DROs)—checklist Debt relief orders Debt relief orders (DROs) are an alternative to bankruptcy and are dealt with in sections 251A–251X and Schedule 4ZA to the Insolvency Act 1986 (IA 1986), and supplemented by the Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024, Pt 9. They provide protection from debts by prohibiting further legal process against the debtor without the court's permission and, after a year, discharges the debtor from those debts. The big difference between a DRO and bankruptcy is that DROs are available only to debtors with no substantial assets and no income over and above what is necessary for the debtor's 'reasonable needs', and there are no provisions for the collection, realisation and distribution of the debtor's estate on the basis there will be nothing to distribute. As set out in R (on the application of Payne) v Secretary of State for Work and Pensions, DROs are a 'a new and simplified way of wiping the slate clean for debtors who are...
Leasing or buying from an administrator—checklist Title Administrator appointed by the court Where any administrator is appointed by the court under paragraph 11, Schedule B1 of the Insolvency Act 1986 (IA 1986), on the application of the company, its directors and/or any of one or more of its creditors, the title deeds should include certified copies of: • the administration order, and • any further order(s) under IA 1986, Sch B1, paras 91–95 for the appointment of any new administrator following the death, resignation or removal from office etc of the original or any subsequent administrator Administrator appointed by holder(s) of qualifying charge, the company or its directors Where the administrator is appointed by the holder(s) of a qualifying floating charge (under IA 1986, Sch B1, para 14) or by the company or its directors (under IA 1986, Sch B1, para 22), the title deeds should include certified copies of: • the notice of appointment: ◦ in a form complying with the requirements of IA 1986, Sch B1, para 14...
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Trading an insolvent company—checklist The decision to trade on is not a decision which an insolvency practitioner (IP) can make in isolation. It is important to get commitment to trading on from the other stakeholders who need to be involved. These other stakeholders include: • customers—required to commit to continue to buy from the company • suppliers—required to commit to continue to supply the company • employees—required to commit to carry on their duties with the company, and • potential purchasers—required because without a purchaser the continued trading will not lead to enhanced realisations The checklist below covers most of the key areas that an IP must focus on when trading a business. Good levels of communication and control are essential from day one of a trading job. There are four key words to keep in mind at all times from the moment an IP takes over: • control—establish the whereabouts of all assets/premises • secure—change locks, alarm codes and passwords • insure—notify insurance brokers who insure assets for IPs...
Statement of Changes in Immigration Rules, HC 309—analysis [Archived] This analysis considers the main changes to the Immigration Rules (the Rules) set out in HC 309. HC 309 was issued on 7 December 2017, along with an Explanatory Memorandum (EM). It covers: • the electronic issuing of entry clearance • controversial changes to the Rules relating to indefinite leave to remain (ILR) for main applicants and their dependants in work categories, in particular on how absences from the UK are to be treated • substantial amendments to the Tier 1 (Entrepreneur) sub-tier • amendments to Tier 1 (Exceptional Talent) including: ◦ increasing the Tier 1 (Exceptional Talent) limit to 2000 endorsements per year, with 1,000 of these to be allocated among the Designated Competent Bodies on a first-come first-served basis ◦ introducing provision for migrants endorsed under the exceptional talent criteria to apply for ILR after three years • amendments to Tier 2 (General), including: ◦ allowing Tier 4 (General) students to apply to switch into Tier...
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Legal charge to secure overage payments Date [date] Parties 1 [name of Buyer] [of OR incorporated in England and Wales (company registration number [number]) whose registered office is at] [address] (Buyer) 2 [name of Seller] [of OR incorporated in England and Wales (company registration number [number]) whose registered office is at] [address] (Seller) 1 Definitions In this Deed, the following definitions apply: [Affordable Housing • [social rented, affordable rented and intermediate subsidised housing available to persons who cannot afford to rent or buy housing generally available on the open market OR has the meaning given to that expression in Annex 2 of the National Planning Policy Framework current today];] Competent Authority • any: (a) local authority, highway authority, government department or other authority, body or person exercising powers under statute or by Royal Charter; or (b) utility service or supply company; Costs • are any costs, losses, damages and liabilities, whether or not resulting from claims, demands, actions or proceedings incurred in, or incidental...
Special administration—special administrators’ progress report [investment bank name] (in special administration) [Joint] Special Administrators’ Progress Report for the six-month period [date] to [date] Notice: About this Report • This Report has been prepared by [names of special administrators], the Special Administrators of [investment bank name] (in special administration), solely to comply with their statutory duty under the Investment Bank Special Administration (England and Wales) Rules 2011, SI 2011/1301, r 122 to provide creditors and clients with an update on the progress of the special administration and for no other purpose. This Report is not suitable to be relied upon by any other person, or for any other purpose, or in any other context. • This Report has not been prepared in contemplation of it being used, and is not suitable to be used, to inform any investment decision in relation to the debt of or any financial interest in [investment bank name] (in special administration). • Any estimated outcomes for creditors and clients included in this Report are...
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If administrators of a policyholder did not notify insurers of a claim against the policyholder within the 28-day time limit stated in the policy, can insurers reject cover? It is assumed that the claim would otherwise trigger cover under the insurance policy and that it is a liability insurance policy. Under a liability insurance policy, a notification clause is framed as a condition precedent to indemnity under the policy, to allow insurers to investigate the claim at an early stage. In the absence of a clause allowing for extended reporting of claims notifications, an insurer can rely on a breach of a condition precedent to deny liability, regardless of whether insurers have suffered any prejudice. See Practice Note: Liability insurance—notification of claims and circumstances and defence of claims. It should be noted that the purpose of section 11 of the Insurance Act 2015 relates to terms that define the risk as a whole, and it is to prevent insurers from relying on a breach unconnected to the...
Where the insurance for the opposing party’s vehicle is in the name of the employer and that employer has dissolved, can the European Communities (Rights against Insurers) Regulations 2002 be used to issue against the insurer instead? My concern is that the regulation states that the ‘insurer shall be directly liable to the entitled party to the extent that he is liable to the insured person’ but are the insurers liable to the ‘insured person’ when their insured is the employer? For guidance on the liability of an ‘employer’ for a driver’s negligence, see Practice Note: Vicarious liability in road traffic accidents. For further guidance on when a claimant may not have a direct right of action against an insurer under the European Communities (Rights against Insurers) Regulations 2002, SI 2002/3061, see Practice Note: Indemnity in personal injury claims. For guidance on motor insurance, see Practice Note: Motor insurance. The Third Parties (Rights Against Insurers) Act 2010 (TP(RAI)A 2010) simplifies and modernises the procedure for third-party victims...
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This week's edition of Local Government weekly highlights covers new practical guidance on preparing for the Procurement Act 2023 which comes into force on 24 February 2025. It also includes expert analyses of the decisions in Calderdale MBC v Cheshire EBC which involved the courts determining the relevant local authority in care proceedings based on the child's ordinary residence; Hayes v Tower Hamlets, a judicial review challenge of the decision made by the Mayor of Tower Hamlets (MTH) to remove a neighbourhood low traffic scheme following a public consultation; and Re Jones v Wrexham County Borough Council where the Court of Appeal confirmed that there is no duty on local planning authorities in Wales to adopt a local development plan which an inspector upon examination has recommended for adoption. Case reports include One Medicare v NHS Northamptonshire ICB, concerning contractual and regulatory framework governing the provision of healthcare services and the responsibilities of NHS bodies in ensuring compliance with statutory duties; R (Ivory) v Welwyn Hatfield BC, where the Court...
Restructuring & Insolvency analysis: The date on which a winding-up petition is ‘presented’ has important consequences for the petitioner, the company and any interested parties. The Court of Appeal’s answer to this ‘deceptively simple question’ highlights the complexity of the various statutory and procedural provisions which apply to the process of commencing proceedings for the winding up of a company, particularly where both electronic and physical processes are involved. The court held that a winding-up petition is presented when the petition has been delivered to the court, and the requirements of any statute, rules or practice direction which apply to presentation have been complied with. In particular, the official receiver’s (OR’s) deposit which here—as is not uncommon—was paid by cheque sent in the post and received some days after the electronic submission of the petition, must have been paid before a petition is considered to have been ‘presented’. Written by James Culverwell, barrister at Lamb Chambers.
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