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Posted by / 05-Dec-2019 19:03

3.4 When deciding whether to hear proceedings or to refer or adjourn them to the Judge, the Registrar should have regard to the following factors: (1) the complexity of the proceedings; (2) whether the proceedings raise new or controversial points of law; (3) the likely date and length of the hearing; (4) public interest in the proceedings.

Back to top 4.1 All insolvency proceedings should be commenced and applications in proceedings should be made using the forms prescribed by the Act, the Insolvency Rules or other legislation under which the same is or are brought or made and/or should contain the information prescribed by the Act, the Insolvency Rules or other legislation.

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1.1 In this Practice Direction: (1) ‘The Act’ means the Insolvency Act 1986 and includes the Act as applied to limited liability partnerships by the Limited Liability Partnerships Regulations 2001 or to any other person or body by virtue of the Act or any other legislation; (2) ‘The Insolvency Rules’ means the rules for the time being in force and made under s.411 and s.412 of the Act in relation to insolvency proceedings, and, save where otherwise provided, any reference to a rule is to a rule in the Insolvency Rules; (3) ‘CPR’ means the Civil Procedure Rules and ‘CPR’ followed by a Part or rule identified by number means the Part or rule with that number in those Rules; (4) ‘EC Regulation on Insolvency Proceedings’ means Council Regulation (EC) No 1346/2000 of on Insolvency Proceedings; (5) ‘Service Regulation’ means Council Regulation (EC) No. 2421) or the Limited Liability Partnerships Regulations 2001; (b) any proceedings under the EC Regulation on Insolvency Proceedings or the Cross-Border Insolvency Regulations 2006 (S. 2006/1030); (7) References to a ‘company’ include a limited liability partnership and references to a ‘contributory’ include a member of a limited liability partnership; (8) References to a ‘Registrar’ are to a Registrar in Bankruptcy of the High Court and (save in cases where it is clear from the context that a particular provision applies only to the Royal Courts of Justice) include a District Judge in a District Registry of the High Court and in any county court hearing centre having relevant insolvency jurisdiction; (9) ‘Court’ means the High Court or any county court hearing centre having relevant insolvency jurisdiction; (10) ‘Royal Courts of Justice’ means the Royal Courts of Justice, 7 Rolls Buildings, Fetter Lane, London EC4A 1NL or such other place in London where the Registrars sit; (11) In Part Six of this Practice Direction: (a) “appointee” means: (i) a provisional liquidator appointed under section 135 of the Act; (ii) a special manager appointed under section 177 or section 370 of the Act; (iii) a liquidator appointed by the members of a company or partnership or by the creditors of a company or partnership or by the Secretary of State pursuant to section 137 of the Act, or by the court pursuant to section 140 of the Act; (iv) an administrator of a company appointed to manage the property, business and affairs of that company under the Act or other enactment and to which the provisions of the Act are applicable; (v) a trustee in bankruptcy (other than the Official Receiver) appointed under the Act; (vi) a nominee or supervisor of a voluntary arrangement under Part I or Part VIII of the Act; (vii) a licensed insolvency practitioner appointed by the court pursuant to section 273 of the Act; (viii) an interim receiver appointed by the court pursuant to section 286 of the Act; (b) “assessor” means a person appointed in accordance with CPR 35.15; (c) “remuneration application” means any application to fix, approve or challenge the remuneration or expenses of an appointee or the basis of remuneration; (d) “remuneration” includes expenses (where the Act or the Insolvency Rules give the court jurisdiction in relation thereto) and, in the case of an administrator, any pre-appointment administration costs or remuneration.

Back to top 3.1 As a general rule all petitions and applications (except those listed in paragraphs 3.2 and 3.3 below) should be listed for initial hearing before a Registrar in accordance with rule 7.6A(2) and (3).

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3.2 The following applications relating to insolvent companies should always be listed before a Judge: (1) applications for committal for contempt; (2) applications for an administration order; (3) applications for an injunction pursuant to the Court’s inherent jurisdiction (e.g.