Details
- Includes points of law on procedural issues including how to deal with a particular type of application
- Full coverage of Commonwealth precedents
- Deals with entities other than companies registered under the Companies Acts, such as insolvent partnerships and foreign companies
- Only book on the market that covers this topic in detail
- Coverage of administration applications for the first time in this edition
New to this edition
- The first edition was published in 1993 and there have been numerous detailed changes in legislation since then, in addition to the new court rules and practice directions. The second edition takes account of all those changes. Over 1,500 additional cases are cited.
- New features include coverage of administration applications, procedural summaries, inclusion of precedents, procedural checklists and extracts from relevant legislation.
- The second edition benefits from the participation, as consultant editors, of Catherine Newman QC and Rebecca Stubbs who are both practising barristers, and Stuart Sime who lectures at the Inns of Court School of Law
The second edition of Applications to Wind Up Companies provides practitioners with an up to date and in-depth treatment of the law relating to applications to wind up companies. As such it is the only work to focus specifically on this aspect of corporate and insolvency law.
This long-awaited new edition deals with the procedure for obtaining a winding-up order chronologically from presentation of a petition through to making the order. It also looks at the application process as it applies to various classes of petitioner, such as creditors, contributories (shareholders) and public officials.
The book covers companies registered under the Companies Acts and all other entities, including insolvent partnerships and foreign companies, which may be wound up under the Insolvency Act 1986. It also deals with administration applications. Though focused on the procedure in the courts of England and Wales, the work also considers the jurisprudence of the many Commonwealth jurisdictions which have adopted the English procedure. A particular feature of the book is its analysis of the matters which are taken into account in the exercise of discretion, an aspect of the equitable jurisdiction applied to winding-up applications.
1: Jurisdiction, sources and generally applicable rules
2: Presentation of a winding-up petition
3: Between filing and hearing
4: Hearing the petition and making the order
5: Review of orders
6: Petitions by creditors
7: Petitions by contributories
8: Other petitioners
9: Compulsory liquidation of a company already subject to insolvency proceedings
10: Protecting a company's property while a winding-up petition is pending
11: Appointment of a provisional liquidator
Derek French
Catherine Newman QC, Barrister, Maitland Chambers, Rebecca Stubbs, Barrister, Maitland Chambers, and Stuart Sime, Barrister; Lecturer, The Inns of Court School of LawContributors:
Consultant editors for the 2nd edition are:
Catherine Newman QC
Rebecca Stubbs of Maitland Chambers
Stuart Sime, Barrister; Lecturer, The Inns of Court School of Law
"This book is highly practical, well set out, clear and lucid in form and style. It is an excellent contribution to the subject and is highly recommended. This book will appeal to a wide audience including practitioners, directors, company secretaries and academics." - Dr Saleem Sheikh, Inteenational Company and Commercial Law Review
