| Preface |
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vii | |
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xiii | |
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lxiii | |
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Table of Statutory Instruments |
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lxxxi | |
| Civil Procedure Rules |
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xci | |
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PART I THE APPOINTMENT OF RECEIVERS BY THE COURT IN ENGLAND AND WALES |
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Chapter 1 Principles on which a Receiver is Appointed by the Court |
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Chapter 2 In what Cases a Receiver will be Appointed |
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Section 1 In the Case of Minors |
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1 | (1) |
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Section 2 In The Case of Executors and Trustees |
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2 | (11) |
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Section 3 Pending Grant of Probate or Letters of Administration |
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13 | (8) |
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Section 4 In Cases between Mortgagor and Mortgagee |
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21 | (14) |
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Section 5 In Cases between Debtor and Creditor |
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35 | (13) |
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Section 6 In The Case of Statutory Undertakings and Corporations |
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48 | (11) |
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Section 7 In the Case of Railway Companies |
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59 | (2) |
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Section 8 Companies Incorporated under the Companies Acts |
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61 | (21) |
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Section 9 In Cases between Vendor and Purchaser |
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82 | (5) |
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Section 10 In Cases between Covenantor and Covenantee |
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87 | (1) |
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Section 11 In Partnership Cases |
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88 | (16) |
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Section 12 In Cases of Mental Incapacity |
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104 | (9) |
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Section 13 In the Case of Persons in Possession of Real Estate Under A Legal Title |
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113 | (2) |
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Section 14 In Cases Between Landlord and Tenant |
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115 | (6) |
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Section 15 Other Examples |
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121 | |
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Chapter 3 Over What Property a Receiver may be Appointed Companies |
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28 | |
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Chapter 4 Who may be Appointed Receiver In Company Cases |
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7 | (36) |
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Chapter 5 Modes of Appointing a Receiver of the Court Companies |
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43 | (13) |
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PART II THE STRUCTURE OF COURT-APPOINTED RECEIVERSHIPS IN ENGLAND AND WALES |
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Chapter 6 Effect of Appointment and Possession of a Receiver Companies |
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56 | (1) |
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Chapter 7 Powers and Duties of a Receiver Companies: Administrative Receivers |
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56 | |
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Chapter 8 Liabilities of a Receiver Personal Accountability of a Receiver |
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9 | |
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Chapter 10 Remuneration and Expenses of a Receiver The Case-Law |
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4 | (11) |
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Chapter 11 Receiver's Accounts |
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Chapter 12 Discharge of a Receiver In Company Cases |
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15 | |
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Chapter 13 Liabilities and Rights of Receiver's Sureties |
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Chapter 14 Administrators: Judicially and Extra-Judicially Appointed |
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1 | (7) |
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Section 2 The Jurisdictions |
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8 | (7) |
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Section 3 Persons Entitled to Apply for Administration Order |
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15 | (7) |
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Section 4 Drafting the Application: Procedure |
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22 | (13) |
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Section 5 The Hearing and the Order |
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35 | (12) |
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Section 6 The Extra-Judicial Appointments |
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47 | (1) |
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Section 7 Procedures For Making Extra-Judicial Appointments |
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48 | |
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Chapter 15 The Administrator in Office: Powers and Duties |
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1 | (1) |
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Section 2 Initial Duties of the Administrator |
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2 | (29) |
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Section 3 Decision-Making Procedures for Creditors and Members of the Company in Administration |
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31 | (25) |
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Section 4 The Process of Administration |
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56 | (26) |
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Section 5 The Creditors' Committee |
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82 | (12) |
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Section 6 The "Prescribed Part" |
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94 | (7) |
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Section 7 Distribution by Administrator |
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101 | (32) |
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Section 8 Remuneration of Administrator |
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133 | |
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Chapter 16 Conversion from Administration Into Other Forms of Proceeding |
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1 | (4) |
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Section 2 Company Voluntary Arrangements in Administration |
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5 | (52) |
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Section 3 Conversion from Administration to Scheme of Arrangement |
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57 | (6) |
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Section 4 Conversion from Administration to Winding-up |
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63 | (6) |
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Section 5 Winding-up Procedures in Pre-Commencement Cases |
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69 | (1) |
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Section 6 Conversion from Administration into Dissolution |
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70 | |
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Chapter 17 Ending Administration |
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1 | (4) |
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Section 2 Contentious Procedures: remedies for Unsatisfactory Appointments |
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5 | (22) |
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Section 3 Non-Contentious Procedures |
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27 | (11) |
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Section 4 Resignations, Deaths and Departures |
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38 | |
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PART IV RECEIVERS APPOINTED OUT OF COURT |
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Chapter 18 Receivers Appointed under an Agreement |
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Chapter 19 Receivers Appointed Under Statutory Powers |
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Chapter 20 Receivers appointed over Property of a Company (Other than Administrative Receivers) |
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PART V ADMINISTRATIVE RECEIVERS |
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Chapter 21 Appointment, Status and Powers of an Administrative Receiver Appointment |
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6 | (1) |
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19 | (6) |
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Conduct of an administrative receivership |
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25 | (3) |
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28 | (5) |
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33 | (1) |
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34 | (1) |
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35 | (1) |
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36 | |
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Chapter 22 Administrative Receiver's Relationship with the Unsecured Creditors |
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Section 1 Decisions by Creditors |
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7 | (1) |
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Section 2 The Creditors' Committee |
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8 | |
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Chapter 23 Administrative Receiver's Relationship with the Company and its Staff: Contracts of Employment; Residual Powers of the Directors |
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Section 1 Contracts of Employment of Employees Generally |
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2 | (18) |
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Section 2 The Management of the Company |
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20 | (2) |
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Section 3 The Relationship Between the Receiver and the Board of Directors |
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22 | (8) |
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30 | |
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Chapter 24 Extra-Territorial Extent of Floating Charges and of Receiverships |
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Chapter 25 Relationship between Administrative Receivership and Other Insolvency Processes |
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Chapter 26 Termination of Administrative Receivership |
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Chapter 27 The Taxation of Receivers and Administrators |
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Section 1 Receivers Appointed by the Court |
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2 | (6) |
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Section 2 Out of Court Receivers |
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8 | (2) |
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10 | (5) |
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Section 4 Consequences of Accounting Periods Changes |
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15 | (6) |
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Section 5 Administrative Receivers |
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PART VII CROSS-BORDER PROCEEDINGS |
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Chapter 28 The EU Regulations on Insolvency Proceedings and the Cross-Border Insolvency Regulations 2006 |
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Section 1 The EU Regulations on Insolvency Proceedings |
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1 | (28) |
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Section 2 The Cross-Border Insolvency Regulations 2006 |
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29 | |
