23 Impact of the UK’s exit from the EU (the Retained Recast Regulation)

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

23 Impact of the UK’s exit from the EU (the Retained Recast Regulation)

Copyright © 2025 LexisNexis

| Commentary

The United Kingdom ceased to be a member of the European Union on 31 January 2020 (‘exit day’). The European Union (Withdrawal Agreement)

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I INTRODUCTION

24 UNCITRAL Model Law and Cross-Border Insolvency Regulations 2006

25 Application of the Cross-Border Insolvency Regulations 2006

26 Which court?

27.1 Debtor’s own hearing centre

27.2 County court hearing centres and insolvency districts

28 Allocation of business—territorial jurisdiction of the London Insolvency District (bankruptcy petitions)

29 Allocation of bankruptcy petitions to the London Insolvency District not dependent on a territorial connection to the district

30 High Court or County Court at Central London (bankruptcy proceedings)

32 Debtor’s ‘own hearing centre’

33 Transfer and starting proceedings in wrong court

34 Distribution of business (Practice Direction—Insolvency Proceedings)

35 Appeals

36 Decision making: abolition of meetings in insolvency procedure

37.1 Availability of deemed consent procedure

37.2 Notice requirements

37.3 Consequences of objection by creditors

38 Choice of procedure

39 Creditors’ requirement for a physical meeting

40 Presumption that procedure duly initiated and conducted

41.1 Allowing creditors to opt out of communications