Pleading issues: pick your battles

27 January 2023 / Daniel Lightman KC , Charlotte Beynon

Issue: 8010 / Categories: Features , Commercial , Insolvency

Daniel Lightman KC & Charlotte Beynon recommend a rigorous approach when bringing Insolvency Act claims

In brief

Covers Chandler v Wright on insolvency claims where there are potential pleading deficiencies.
Offers insight into the approach taken by the courts to the pleading of Insolvency Act 1986, ss 214 and 212 claims.
Refers to the ongoing BHS litigation.

A High Court decision in the context of insolvency proceedings in August last year has provided guidance for practitioners as to how best to address potential pleading deficiencies and the ensuing skirmishes.

Mr Justice Edwin Johnson’s judgment in Chandler v Wright [2022] EWHC 2205 (Ch), [2022] All ER (D) 06 (Sept) has also reaffirmed the essential elements of claims under ss 212 and 214 of the Insolvency Act 1986 (IA 1986) and sent a strong message that judges will expect such claims to be pleaded with the same rigour that is expected in other areas of the Business and Property Courts.

The issue arose in the high-profile

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Pleading issues: pick your battles

Daniel Lightman KC & Charlotte Beynon recommend a rigorous approach when bringing Insolvency Act claims

In brief

Covers Chandler v Wright on insolvency claims where there are potential pleading deficiencies.
Offers insight into the approach taken by the courts to the pleading of Insolvency Act 1986, ss 214 and 212 claims.
Refers to the ongoing BHS litigation.

The issue arose in the high-profile

If you are not a subscriber, subscribe now to read this content

If you are already a subscriber sign in

...or Register for two weeks' free access to subscriber content

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Pleading issues: pick your battles

In brief

In brief

MOVERS & SHAKERS

DWF—19 appointments

Cadwalader—Andro Atlaga

Knights—Ella Dodgson & Rebecca Laffan