公司破产索赔的时效期限

This guide provides an overview of limitation periods whenpursuing insolvency claims. It covers the calculation of limitationperiods and options for an insolvency practitioner (IP) when Limitation Periods – Different Types of Claims Claims may be based on a cause of action that the company had before it went into aninsolvency process, or office-holder claims, which can be brought only by the IP of the Listed below are the typical limitation periods for office-holder claims. Overview of Key Limitation Considerations A limitation period is the time within which a claim must be commenced. If an insolvencyclaim is not issued before the end of a limitation period, this could result in the loss ofotherwise valuable recoveries for the insolvent estate. It is therefore critical that potential Limitation periods vary depending on the nature of the claim, and in some cases nostatutory limitation period applies at all. The principal statutory framework governing This guide explains the limitation periods applicable to insolvency claims and highlights keyconsiderations that insolvency practitioners should bear in mind when investigating and Developments Affecting Limitation Periods Generally, time starts to run from the date the cause of action accrues; for example, the dateof the transaction or breach, except where it involves fraud or concealment, in which case time Following the Supreme Court decision inZedra, it is likely that no statutory limitationperiods apply to officeholder claims for transactions at an undervalue, preferences, or Before this decision, these claims were generally characterised as either “an action upona specialty” within the meaning of section 8 of the LA 1980, such that a 12-year limitationperiod applied or, where the claim sought a purely monetary remedy, such claims were There are insolvency-specific nuances that an IP should be aware of: Claims Based on the Company’s Cause of Action If a cause of action, such as damages for breach of contract, had already arisen prior totheir appointment, the limitation period for the claim will be unaffected by the company Whilst the Supreme Court addressed the limitation periods applicable to unfair prejudiceclaims under section 994 of the Companies Act 2006, the findings are likely to apply more An officeholder will therefore need to consider promptly, on appointment, whether suchclaims exist, because the limitation period may well be reaching expiry. Although it appears there may be no time bar under the LA 1980 for insolvency claims, thecourt will still assess fairness and any delay in bringing a claim, when deciding whether aclaim can be pursued. Relevant factors that the court will consider include the length ofthe delay; conduct of the parties; the nature and extent of any prejudice and the degree Officeholder Claims As officeholder claims can only be brought by an officeholder after a company has enteredinsolvency, the limitation period starts to run when the company enters administration or Look-back Periods for Insolvency Claims The IA 1986 prescribes look-back periods during which a transaction is susceptible tochallenge. These statutory periods, which are set out in our Overview of Insolvency Claimsare not the same as limitation periods within which a claim must be brought, but are Options/Considerations if Limitation Is About To Practical Tips for IPs To avoid the risk of claims being time barred, it is advisable for IPs to: •Diarise limitation dates early and actively monitor progression of investigations•Assume the shortest possible limitation period where uncertain•Gather evidence promptly as delay can prejudice recovery even if limitation does not When a claim is approaching the expiry of the relevant limitation period, an IP shouldconsider taking steps to preserve the claim. The appropriate step will depend on the nature •Agreeing a standstill agreement•Issuing protective proceedings•An acknowledgment or part payment of a debt Agreeing a Standstill Agreement Entering a standstill agreement suspends limitation by agreement between the parties.The exact effect will depend on the wording of the agreement. However, this can be agood option where investigations are ongoing, and the parties are cooperative, as it allows Contacts Chris Roberts John Alderton Partner, LeedsM +44 788 505 8896E john.alderton@squirepb.com Partner, ManchesterT+44 773 647 9569E chris.roberts@ Issuing Protective Proceedings Issuing a claim before the limitation period expires kickstarts the commencement of theclaim and preserves the claim. An IP might wish to do this if the limitation period is aboutto expire, but they have not fully investigated the claim because it has only just come squirepb.comDevinder Singh Deborah BrownPartner, BirminghamM +44 754 511 0790E deborah.brown@squirepb.com Partner, BirminghamM +44 772 139 9625E devinder.singh@ squirepb.comRachael MarkhamSenior ProfessionalDevelopment Lawyer,LeedsM +44 754 511 078