PART 4COURT PROCEDURE AND PRACTICE

CHAPTER 7Appeals in housing administration

Appeals and reviews of housing administration orders4.41

1

Every court which has jurisdiction in relation to housing administration proceedings may review, rescind or vary any order made by it in the exercise of that jurisdiction.

2

Appeals made in the exercise of that jurisdiction lie as follows—

a

where the decision appealed against is made by a district judge sitting in a county court hearing centre,

i

to a High Court Judge sitting in a district registry; or

ii

to an Insolvency and Companies Court Judge;

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

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 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

For the purposes of paragraph (2)(a), Schedule 10 of the Insolvency (England and Wales) Rules 2016 applies to identify the court in which an appeal is to be heard.

4

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.

5

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 198424;

  • “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 198125;

  • “county court” means the court established by section A1 of the County Courts Act 198426;

  • “district judge” means a person appointed a district judge under section 6(1) of the County Courts Act 198427;

  • “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 198128;

  • “High Court Judge” means a judge listed in section 4(1) of the Senior Courts Act 198129;

  • “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 198130;

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

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