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Litigation and insolvency: claiming against an insolvent defendant
Practical Law UK Practice Note 1-384-0980 (Approx. 37 pages)
Litigation and insolvency: claiming against an insolvent defendant
A practical guide for those who are seeking to bring or continue a claim against a company or an individual that is, or is about to become, insolvent. This includes a summary of the statutory moratorium or automatic stay of proceedings arising under the Insolvency Act 1986 when a company is in administration or liquidation respectively, and guidance on the court's approach on an application for leave to pursue a claim.
Note: The remaining temporary measures that were introduced in response to the COVID-19 pandemic expired without renewal on 31 March 2022. Other restrictions on winding-up and bankruptcy petitions concerning COVID-related arrears of commercial rent continue to apply under the Commercial Rent (Coronavirus) Act 2022. See Practice note, COVID-19: Commercial Rent (Coronavirus) Act 2022: rent arbitration and the implications for enforcement.
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