Applications

Rule 12 sets out rules relating to applications, (excluding administration applications, winding up petitions and creditors' bankruptcy petitions) including:

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.

Expedited petitions

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:

This article was first published in Growth Business, and the original article can be found online here.

Key Points

• COMI of Jersey companies held to be in England and Wales 
• Argument of improper motive generally insignificant where purpose of administration can be achieved

The Facts

Key Points

• Costs incurred in preparing to comply with disclosure orders not payable by liquidators

• Protection for wasted costs should have been sought earlier in the proceedings

The Facts

Key Points

• Provisions of the Civil Procedure Rules apply to applications for an extension of time to apply for rescission of winding up order

• Any such extensions of time should be exceptional and for a very short period

The Facts

Key Points

• A dividend is a ‘transaction’ and therefore can be challenged under s 423 IA 86
• A duty to act in the best interests of creditors does not arise simply because there is a risk of insolvency which is not ‘remote’

The Facts