Tax and Insolvency Litigation Solicitor

Defending Court Proceedings

Once Court Proceedings are issued the timetable then becomes to be determined by the Court and Procedural rules.

The former director should have only allowed Court Proceedings to be issued by taking into account the evidence he/she will be facing and in the knowledge of the strength of their defence to it.

The Court will usually require defence evidence within 28 days of the claim being issued although this is capable of being extended.

Every effort must now be made to ensure all of the former directors evidence is assimilated within the required time limits.

It is not unusual for issues relating to disclosure of documents to take prominence early in proceedings: it is often the case that the Insolvency Service have access to documents and information denied to the former director. If this is the case an assessment should be made as to how that material can be obtained.

In summary, once Court Proceedings have been issued the former director should –

  • Consider whether they require document disclosure
  • Make any relevant disclosure applications
  • Comply with Court and Procedural time limits
  • Consider making an application to extend time limits

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