Chancery Division
Practice note on the hearing of Insolvency proceedings
1. The following statement was issued by the Vice-Chancellor.
2. This Practice Note supersedes all previous Practice Statements of the Bankruptcy Registrars dealing with jurisdiction and work distribution and the Guidelines issued by the Insolvency Court Users' Committee in November 1988.
3. As a general rule all petitions, claims and applications (except for those listed in paragraph 4 below) should be listed for initial hearing before a registrar or district judge in accordance with rule 7.6(2) Insolvency Rules 1986.
4. The following applications should always be listed before a judge:
Proceedings relating to insolvent companies
- applications for committal for contempt
- applications for an administration order
- applications for an injunction
- applications for the appointment of a provisional liquidator
- interim applications and applications for directions or case management after any proceedings have been referred or adjourned to the judge (except where liberty to apply to the registrar or district judge has been given);
Proceedings relating to insolvent individuals
- applications for committal for contempt
- applications for an injunction
- interim applications and applications for directions or case management after any proceedings have been referred or adjourned to the judge (except where liberty to apply to the registrar or district judge has been given).
5. When deciding whether to hear proceedings themselves or refer or adjourn them to the judge, the registrar or district judge should have regard to the following factors:
- the complexity of the proceedings
- whether the proceedings raise new or controversial points of law
- the likely date and length of the hearing
- public interest in the proceedings
- the availability in the court which is likely to hear the proceedings of relevant specialist expertise.
6. Litigants and their advisors are reminded that paragraph 17 of the Practice Direction on Insolvency Proceedings applies to appeals and that an appeal from a registrar, district judge or County Court judge lies, in the first instance and without permission, to a single judge of the High Court.
23rd May 2005