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Individual Voluntary Arrangements Service

A clear, authoritative guide that has become an essential reference tool during both the preparation of an IVA and following its approval.
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ISBN/ISSN: 9780853085225

Product description

Why should you subscribe to Individual Voluntary Arrangements

A clear, authoritative guide, available as a print subscription or as part of LexisLibrary, that has become an essential reference tool for all debt advisers, insolvency practitioners, lawyers advising insolvency professionals and creditors or debtors during both the preparation of an IVA and following its approval.

Written by a team of experts in the field, the looseleaf format with its regular updates ensures you are kept fully informed of the relevant case law and changes to practice and procedure. All the latest developments are examined in detail and invaluable, practical guidance is provided to navigate you through this complex area of law.

Remaining the most popular form of personal insolvency process, IVAs represent 61% of the total number of personal insolvencies commenced in the second quarter of 2017 according to the latest statistics released by the Insolvency Service on 27 October 2017. In that same period, the number of IVAs reached the largest quarterly number of IVAs since they were introduced in 1987.

Much of the case law in relation to IVAs has centred on challenges to the approval of IVAs. However two recent cases have considered issues arising at the end of the IVA, and to what extent and in what circumstances a debtor is released from their debts. Read more about these cases...

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Table of contents

Issue 48, November 2018

Issue 48 considers the following decisions:
  • In relation to the debts and liabilities arising from construction contracts the cases of Jeffrey (trading as Premier Construction Services) v Steene [2018] EWHC 2597 (TCC), referred to at A8[2]–[4], and Michael J Lonsdale (Electrical) Limited v Bresco Electrical Services Limited (in Liquidation) [2018] EWHC 2043 (TCC), which has a potential effect on any IVA that incorporates a set-off clause, not just in the context of a construction dispute (whether against or by a debtor) – referred to at A5[85].
  • Gertner v (1) CFL Finance Ltd (2) Rubin [2018] EWCA Civ 1781, which provides useful Court of Appeal guidance in two important areas. The decision is noted at A2[14] and A11[39].
  • Barker v Baxendale-Walker [2018] EWHC 1681, [2018] BPIR 1243, in which Chief Insolvency and Companies Court Judge Briggs used s 375 of the Insolvency Act 1986 to vary a bankruptcy order, to provide that the previously appointed interim receivers should be appointed in place of the Official Receiver. The decision is noted at A17[101] and A19[21].
  • The bankruptcy case of Re George (in bankruptcy); Gwinnutt (as trustee in bankruptcy of George) v (1) George (2) Ryan [2018] EWHC 2169 (Ch), where it was held that the right to recover non-contractual fees owed to a barrister as at the date of his bankruptcy did not vest in his trustee in bankruptcy. The decision is noted at A5[18A].
This issue also contains the latest version of the Insolvency Proceedings Practice Direction from July 2018.