The Insolvency (England and Wales) Rules 2016

[F1 CHAPTER 12 E+W Applications to court

Textual Amendments

F1 Pt. 1A inserted (1.10.2021) by The Insolvency (England and Wales) (No.2) (Amendment) Rules 2021 (S.I. 2021/1028), rules 1, 6 (with rules 4, 5)

[Note: a document required by the Act of these Rules must also contain the standard contents set out in Part 1.]

Application of Chapter E+W

1A.28.   This Chapter applies where an application is made to the court under—

(a) section A21 (restrictions on enforcement and legal proceedings),

(b) section A31 (disposal of charged property free from charge),

(c) section A32 (disposal of hire-purchase property),

(d) section A37 (application by monitor for directions),

(e) section A39 (replacement of monitor or appointment of additional monitor),

(f) section A42 (challenge to monitor’s actions),

(g) section A43 and rule 1A.27(1) (challenges to monitor remuneration in insolvency proceedings), or

(h) section A44 (challenge to directors’ actions).

Procedure for filing of application E+W

1A.29.— (1) An application to which this Chapter applies must—

(a) identify the date on which the application is filed, and

(b) be filed at the court together with copies for—

(i) each of the persons specified in the third column of the Table in rule 1A.30(2), and

(ii) where the application is made in respect of a regulated company within the meaning given by section A49, the appropriate regulator (as defined in that section).

(2) The date and time of filing of the application must be endorsed on the application and on the copies.

(3) Each copy of the application must have the seal of the court applied to it and must be delivered to the applicant.

Service of the application E+W

1A.30.— (1) The applicant must serve a sealed copy of the application—

(a) in accordance with—

(i) Schedule 4, and

(ii) the Table in paragraph (2),

(b) in a case where the application is made in respect of a regulated company within the meaning given by section A49, on the appropriate regulator, and

(c) at least 14 days before the date fixed for the hearing unless—

(i) the case is urgent and the court acts under rule 12.10, or

(ii) the court extends or abridges the time limit.

(2) This is the Table referred to in paragraph (1)—

Section of the Act	Topic	Persons on whom application must be served
A21	Restrictions on enforcement and legal proceedings	The company and the monitor
A31	Disposal of charged property free from charge	The holder of the security interest and the monitor
A32	Disposal of hire-purchase property	The owner of the property and the monitor
A37	Application by monitor for directions	The company
A39	Replacement of monitor or appointment of additional monitor	The monitor, in cases where the application is made by the directors. The directors in cases where the application is made by the monitor.
A42	Challenge to monitor’s actions	The company and the monitor
A43 and rule 1A.27(1)	Challenges to monitor remuneration in insolvency proceedings	The directors and the monitor
A44	Challenge to director’s actions	The directors and the monitor

Notice of opposition E+W

1A.31.— (1) A person on whom an application has been served who intends to oppose the application must, not less than three business days before the day fixed for the hearing—

(a) file a notice with the court which complies with the requirements of paragraph (2), and

(b) deliver a copy of the notice to—

(i) the applicant or the applicant’s solicitor, and

(ii) (where applicable) each of the other persons specified in the third column of the Table in rule 1A.30(2) on whom notice of the application is required to be served.

(2) The notice must—

(a) identify the proceedings,

(b) state that the person intends to oppose the application,

(c) state the grounds on which the person opposes the application, and

(d) state whether the person intends to appear on the hearing of the application.

Notice where the court grants permission under section A31 or A32 E+W

1A.32.— (1) This rule applies where the court grants permission on an application in respect of—

(a) the disposal of charged property by a company free from charge under section A31, or

(b) the disposal of hire-purchase property by a company under section A32.

(2) Where this rule applies the court must deliver two sealed copies of the order to the company as soon as reasonably practicable after the order is made.

(3) As soon as reasonably practicable after receiving copies of the order under paragraph (2) the company must deliver one copy to the holder of the security or the owner of the hire-purchase goods (as the case may be).]