Schedule 5 of the new rules provides some clarifications on the calculation of time periods:

1. Days - CPR 2.8(1) applies meaning that a period of time expressed as a number of days means clear days, meaning you do not count the day on which the period begins, and the if the end of the period is defined by reference to an event, the day on which that event occurs.

An update on the changes to CVA's brought about by the introduction of the New Rules.

1. CONSOLIDATION OF THE RULES

1.1. The New Rules applicable to CVA's are found at rules 2.1 to 2.45 of the New Rules, (formerly found between 1.1 to 1.55 of the Insolvency Rules 1986 ("IR86")). There has been an element of consolidation of IR86 applicable to CVA's and relating to:

The Court has recently announced it will be publishing some standard forms for insolvency procedures, to be published under the Insolvency Practice Direction.

The forms are expected to be available towards the end of March.

This is the current list of what will be published. There may be some amendments.

Forms being hosted by Court under Practice Direction (these were identified as forms to "keep" from Schedule 4)

Administration

The language of the rules has been amended and there is now more reference to delivery of documents rather than service. Rules 1.40 - 1.53 set out rules relating to delivery wherever documents are required to be delivered by the new rules.

These rules include the following headings:

Registrar Baister overturned the adjudicator's decision in refusing to grant a Bankruptcy Order where the debtors COMI was an issue.

Mr Budniok, a German citizen who had recently moved to London, applied online for a Bankruptcy Order in England. After several requests for further information, the adjudicator was not satisfied Mr Budniok's centre of main interests ("COMI") was in England and as such refused the application. Mr Budniok appealed.

This note addresses the changes to CVA's in the Rules.

Consolidation of the Rules

Rule 2.1 to 2.45 are applicable to CVA's (they were formerly found between 1.1 to 1.55 of the Insolvency Rules 1986 ("IR86")). There has been an element of consolidation of IR86 applicable to CVA's and relating to:

This article was first published in Building Magazine, Issue 10, 10 March 2017.

Does an adjudication enforcement trump an insolvency moratorium? A recent case in the TCC has provided clear guidance on the issue.

Creditors' Bankruptcy Petition

The rules for these petitions are contained in 10.6 to 10.33. This section also covers IVA supervisors making a petition. The good news is that under the new Rules, there are very few changes to the current procedure.

As well as the new Insolvency Rules coming into force on 6 April, there are over 100 amendments to the Insolvency Act that will come into force as well. These amendments are provisions from the Small Business, Enterprise and Employment Act 2015 ("SBEEA") and the Deregulation Act 2015 ("DA"), and are designed to facilitate and run alongside the new Rules.

Applications to Set Aside a Statutory Demand

Set Aside Applications were previously governed by rules 6.4 and 6.5. They are now governed by Rules 10.4 and 10.5.

Rule 10.4 - Application to Set Aside Statutory Demand

In summary, Rule 10.4 provides that a debtor may, after having been served with a Statutory Demand, make an application to court to have it set aside.