Rules post dating bank checks
Reference should be made to the “Table of requirements for service” in Schedule 4.
Notable modifications relate to the service of: (a) a winding up petition; and (b) an application for an administration order.5.5 A statutory demand is not a Court document.6.1 The parties are responsible for drawing up all orders, unless the Court directs otherwise.
court_forms_category=Bankruptcy and Insolvency Back to top5.1 Schedule 4 to the Insolvency Rules prescribes the requirements for service where a Court document is required to be served pursuant to the Act or the Insolvency Rules.
Pursuant to Schedule 4, CPR Part 6 applies except where Schedule 4 provides otherwise, or the court otherwise approves or directs.5.2 Subject to the Court approving or directing otherwise, CPR Part 6 applies to the service of Court documents both within and out of the jurisdiction.5.3 Attention is drawn to paragraph 6 of Schedule 4 to the Insolvency Rules which provides that where the Court has directed that service be effected in a particular manner, the certificate of service must be accompanied by a sealed copy of the order directing such manner of service.5.4 The provisions of CPR Part 6 are modified by Schedule 4 to the Insolvency Rules in respect of certain documents.
The specialist judge shall determine of their own initiative where the application (or any part of it) can most fairly be determined having regard to (i) the nature and complexity of the issues; (ii) the amounts involved in the insolvency proceedings or insolvency application; (iii) the location and needs of the parties; (iv) the available judicial resources; and (v) all the other circumstances of the case.
The specialist judge shall take into account any views of the transferring judge and those of the parties to the application expressed in writing (without the need for evidence).3.9 The options available to the specialist judge include (but are not limited to):(a) Retaining the entirety of the insolvency proceedings in the receiving court;(b) Retaining the entirety of the insolvency proceedings in the receiving court but fixing the venue of any hearing before a specialist judge at some other hearing centre or by some means other than a physical hearing;(c) Returning the insolvency proceedings to the sending court to be dealt with as if it were Local Business;(d) Retaining the insolvency proceedings in the receiving court but transferring some part back for hearing or for management and hearing in the sending court as if it were Local Business.3.10 The case management decision about transfer shall be recorded in an order made of the specialist judge’s own initiative.
For the purposes of paragraph 9.3 of this IPD, the deposit will be treated as paid when the cheque is received by the Court.9.4 Save where by reason of the nature of the company or its place of incorporation the information cannot be stated (in which case as much similar information as is available should be given), every creditor’s winding up petition must (in the case of a company) contain the information set out in rule 7.5.
Similar information (so far as is appropriate) should be given where the petition is presented against a partnership.9.5 Where the petitioning creditor relies on failure to pay a debt, details of the debt relied on should be given in the petition (whether or not they have been given in any statutory demand served in respect of the debt), including the amount of the debt, its nature and the date or dates on or between which it was incurred.9.6 The statement of truth verifying the petition in accordance with rule 7.6 should be made no more than ten business days before the date of issue of the petition.9.7 Where the company to be wound up has been struck off the register, the petition should state that fact and include as part of the relief sought an order that it be restored to the register.
This direction applies even if the notice is defective in any way (e.g.
This may involve delaying the hearing of another matter.
Accordingly, parties asking for an application to be dealt with urgently must be able to justify the urgency with reasons.8.1 Attention is drawn to paragraph 2.1 of the Electronic Practice Direction 51O -The Electronic Working Pilot Scheme, or to any subsequent Electronic Practice Direction made after the date of this IPD, where a notice of appointment is made using the electronic filing system.
1393/2007 concerning the service in the Member States of judicial and extrajudicial documents in civil and commercial matters;(6) “Insolvency proceedings” means:(a) any proceedings under Parts 1 to 11 of the Act, the Insolvency Rules, the Administration of Insolvent Estates of Deceased Persons Order 1986 (S. 1986 No.1999), the Insolvent Partnerships Order 1994 (S. Back to top2.1 This IPD shall come into force on 4 July 2018 and shall replace all previous Practice Directions, Practice Statements and Practice Notes relating to insolvency proceedings.
This IPD does not affect PDs 51P - Pilot for Insolvency Express Trials, and for the avoidance of doubt, does not affect the PD for Directors’ Disqualification Proceedings.2.2 If at the date of commencement of this IPD, a petition or application within or for the commencement of insolvency proceedings has already been listed for a hearing at a County Court hearing centre and such County Court hearing centre would otherwise have had jurisdiction to hear and determine that petition or application as at 24 April 2018, paragraph 3 of this IPD shall not apply and a judge at that hearing centre may proceed to determine that petition or application, unless the court considers or the parties agree that it would be appropriate to transfer the petition or application in line with paragraph 3.6 in any event, in which case paragraphs 3.8-3.10 may be considered.