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Frances Coulson, senior partner at Moon Beever, reminds us that the Insolvency Express Trials (IET) pilot is an excellent innovative scheme currently being run by the Insolvency Court in London in an attempt to reduce the time taken to get to a hearing and minimise costs of an action, for the benefit of all parties.
The IET pilot is an excellent scheme and innovation by the Insolvency Court in London to attempt to reduce the time taken to get to a hearing as well as minimise costs of an action, both of which benefit parties (and creditors).
The IET pilot ends in April 2018 and we are urged to use it or face losing it.
If a case is likely to take two days or less at hearing/trial before an Insolvency and Companies Court Judge (previously called Bankruptcy Registrar), and adverse costs recovery is limited to £75,000 (including any conditional fee arrangement uplift and disbursements but excluding VAT and court fees) the applicant can mark the claim for an IET upon issue.
Practice direction 51P (under r 51.2 (b)) sets out the IET in the Bankruptcy and Companies Courts of the Chancery Division of the High Court (now Business and Property Court).
The other limitation is that the matter must be commenced by application notice and require limited directions rather than full case management and need only limited disclosure.
It is ideally suited to many fairly simple claims where, in effect, the application is accompanied by the applicant’s evidence (as it must be to qualify for the pilot) and all that in reality is needed is evidence in reply (then possibly answer), and a trial with deponents attending.
The application, which cannot exceed 15 pages, must state the r
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