The Insolvency (England and Wales) Rules 2016

Appeals and reviews of court orders in corporate insolvency E+W

12.59.—(1) Every court having jurisdiction for the purposes of [F1 Part A1] to 7 of the Act and the corresponding Parts of these Rules, may review, rescind or vary any order made by it in the exercise of that jurisdiction.

(2) Appeals in civil matters in proceedings under [F1 Part A1] to 7 of the Act and the corresponding Parts of these Rules lie as follows—

(a) where the decision appealed against is made by a District Judge sitting in a hearing centre specified in the first column of the table in Schedule 10—

(i) to a High Court Judge sitting in a district registry, or

(ii) to [F2 an Insolvency and Companies Court Judge];

as specified in the second column of the table;

(b) to a High Court Judge where the decision appealed against is made by—

(i) a Circuit Judge sitting in the County Court,

(ii) a Master,

(iii) [F3 an Insolvency and Companies Court Judge], if that decision is made at first instance, or

(iv) a District Judge sitting in a district registry;

(c) to the Civil Division of the Court of Appeal where the decision appealed against is made by [F4 an Insolvency and Companies Court Judge], if that decision is an appeal from a decision made by a District Judge; and

(d) to the Civil Division of the Court of Appeal where the decision is made by a High Court Judge.

(3) Any application for the rescission of a winding-up order must be made within five business days after the date on which the order was made.

(4) In this rule—

“Circuit Judge sitting in the county court” means a judge sitting pursuant to section 5(1)(a) of the County Courts Act 1984 M1 ;

“Civil Division of the Court of Appeal” means the division of the Court of Appeal established by section 3(1) of the Senior Courts Act 1981 M2 ;

“county court” means the court established by section A1 of the County Courts Act 1984;

“District Judge” means a person appointed a District Judge under section 6(1) of the County Courts Act 1984;

“District Judge sitting in a district registry” means a District Judge sitting in an assigned district registry as a District Judge of the High Court under section 100 of the Senior Courts Act 1981;

“district registry” means a district registry of the High Court under section 99 of the Senior Courts Act 1981;

“High Court Judge” means a judge listed in section 4(1) of the Senior Courts Act 1981;

[F5 “Insolvency and Companies Court Judge” means a person appointed to the office of Insolvency and Companies Court Judge under section 89(1) of the Senior Courts Act 1981;]

“Master” means a person appointed to the office of Master, Chancery Division under section 89(1) of the Senior Courts Act 1981;

F6 ...

and for the purposes of each definition a person appointed to act as a deputy for any person holding that office is included.

Textual Amendments

F1 Words in rule 12.59 substituted (1.10.2021) by virtue of The Insolvency (England and Wales) (No.2) (Amendment) Rules 2021 (S.I. 2021/1028), rule 1, Sch. 1 paras. 2, 3 Table (with rules 4, 5)

F2 Words in rule 12.59(2)(a)(ii) substituted (26.2.2018) by The Alteration of Judicial Titles (Registrar in Bankruptcy of the High Court) Order 2018 (S.I. 2018/130), art. 1, Sch. para. 14(a)(ii)

F3 Words in rule 12.59(2)(b)(iii) substituted (26.2.2018) by The Alteration of Judicial Titles (Registrar in Bankruptcy of the High Court) Order 2018 (S.I. 2018/130), art. 1, Sch. para. 14(a)(ii)

F4 Words in rule 12.59(2)(c) substituted (26.2.2018) by The Alteration of Judicial Titles (Registrar in Bankruptcy of the High Court) Order 2018 (S.I. 2018/130), art. 1, Sch. para. 14(a)(ii)

F5 Words in rule 12.59(4) inserted (26.2.2018) by The Alteration of Judicial Titles (Registrar in Bankruptcy of the High Court) Order 2018 (S.I. 2018/130), art. 1, Sch. para. 14(b)(ii)

F6 Words in rule 12.59(4) omitted (26.2.2018) by virtue of The Alteration of Judicial Titles (Registrar in Bankruptcy of the High Court) Order 2018 (S.I. 2018/130), art. 1, Sch. para. 14(b)(i)

Modifications etc. (not altering text)

C1 Rule 12.59 applied (with modifications) (temp.) (26.6.2020) by Corporate Insolvency and Governance Act 2020 (c. 12), s. 49(1), Sch. 4 para. 47 (with ss. 2(2), 5(2), Sch. 4 para. 12)

C2 Rule 12.59 applied (with modifications) (30.9.2021) by S.I. 2014/229, art. 2(2A), Sch. 1A paras. 1(4)(5), 35, 38 (as inserted by The Co-operative and Community Benefit Societies (Administration) (Amendment) Order 2021 (S.I. 2021/1048), arts. 1(1), 2)

C3 Rules 12.58, 12.59 applied (with modifications) (19.3.2024) by The Water Industry (Special Administration) (England and Wales) Rules 2024 (S.I. 2024/229), rules 1, 5, 84, Sch. (with rule 2(2))

Marginal Citations

M1 1984 c.28. Section A1 was inserted by section 17(1) of the Crime and Courts Act 2013 c.22.

M2 1981 c.54. There are amending instruments but none is relevant.