Details
- The only book to focus on winding up companies that covers applying to have companies and similar entities wound up by the court
- Includes points of law on procedural issues including how to deal with a particular type of application
- Covers entities other than companies registered under the Companies Acts, such as insolvent partnerships and foreign companies
- Gives equal coverage to petitions by creditors, contributories (shareholders) and to public interest petitions
- Cited as an authority in judgments in England and Scotland, Ireland, Bermuda, Cayman Islands, Virgin Islands, Malaysia and Hong Kong
- Includes Irish and Commonwealth jurisprudence
New to this Edition:
- Coverage of the revised procedural rules in the Insolvency (England and Wales) Rules 2016
- Analysis of the impact on jurisdiction under Regulation (EU) 2015/848 on insolvency proceedings (recast)
- Explanation of at least 100 new cases
- Consideration of new provisions for housing and education administration
This book 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 fourth edition is completely updated to cover new legislation and new procedures. It includes new coverage of the Insolvency (England and Wales) Rules 2016, which rewrote the procedural rules for applications to wind up companies. The book also covers Regulation (EU) 2015/848 on insolvency proceedings (recast) concerning amended rules applying to jurisdiction, as well as new provisions for housing and education administration.
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. This work contains all there is to know about applying (petitioning) to have companies and similar entities wound up by the court, making it essential for all lawyers who make, or defend, such applications.
1: Jurisdiction, sources and generally applicable rules
2: Presentation of a winding-up petition
3: Between Presentation and hearing
4: Appointment of a Provisional Liquidator
5: Hearing the Petition and Making the Order
6: Review of Orders
7: Petitions by Creditors
8: Petitions by Contributories
9: Public Interest Petitions
10: Company Already Subject to Insolvency Proceedings
11: Other Petitioners
Derek French
Stuart Sime
Derek French is author of Mayson, French and Ryan on Company Law, Applications to Wind Up Companies, Model Articles of Association for Companies, and How to Cite Legal Authorities. He is editor of Blackstone's Statutes on Company Law, co-editor of Blackstone's Civil Practice, and co-author of Blackstone's Guide to the Civil Justice Reforms 2013. He has also written on insolvency law, accountancy, and management.
Stuart Sime (Consultant Editor) is the course director of the full-time Bar Professional Training Course at the City Law School, City, University of London, where he teaches civil litigation, commercial and company law. He was a practising barrister until 2005. In his early career he spent a number of years in the litigation department of the Treasury Solicitor's Office. He is co-editor of and main contributor to Blackstone's Civil Practice, author of A Practical Approach to Civil Procedure, and co-author of A Practical Approach to ADR, the Jackson ADR Handbook, and Blackstone's Guide to the Civil Justice Reforms 2013.
Review(s) from previous edition
"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
