Commentary

197 CPR Practice Direction—Insolvency Proceedings Pt 6—Remuneration of appointees

BANKRUPTCY AND INSOLVENCY (INDIVIDUAL INSOLVENCY) vol 3(2)
| Commentary

197 CPR Practice Direction—Insolvency Proceedings Pt 6—Remuneration of appointees

| Commentary

197 CPR Practice Direction—Insolvency Proceedings Pt 6—Remuneration of appointees

  1. ‘21.1    Introduction

    1. 21.1.1    This Part of the Practice Direction applies to any remuneration application made under the Act or the Insolvency Rules.

    21.2    The objective and guiding principles

    1. 21.2.1    The objective of this Part of the Practice Direction is to ensure that the remuneration of an appointee which is fixed and approved by the court is fair, reasonable and commensurate with the nature and extent of the work properly undertaken by the appointee in any given case and is fixed and approved by a process which is consistent and predictable.

      21.2.2    Set out below are the guiding principles by reference to which remuneration applications are to be considered both by applicants, in the preparation and presentation of their application, and by the court determining such applications.

      21.2.3    The guiding principles are as follows:

      1. (1)    “Justification”

        It is for the appointee who seeks to be remunerated at a particular level and / or in a particular manner to justify his claim and in order to do so the appointee should be prepared to provide full particulars of the basis for and the nature of his claim for remuneration.

        (2)    “The benefit of the doubt”

        The corollary of guiding principle (1) is that on any remuneration application, if after considering the evidence before it and after having regard to the guiding principles (in particular guiding principle (3)), the matters contained in paragraph 21.4.2 (in particular paragraph 21.4.2 (10)) and the matters referred to in paragraph 21.4.3 (as appropriate) there remains any

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