A summary of the key changes in the Insolvency (England and Wales) Rules 2016 [Archived]
Produced in partnership with Sarah Clarke of Hardwicke
A summary of the key changes in the Insolvency (England and Wales) Rules 2016 [Archived]

The following Restructuring & Insolvency guidance note Produced in partnership with Sarah Clarke of Hardwicke provides comprehensive and up to date legal information covering:

  • A summary of the key changes in the Insolvency (England and Wales) Rules 2016 [Archived]
  • Introduction
  • The structure of the IR 2016 and abolition of statutory forms
  • Changes to jurisdictional provisions
  • Changes to creditors’ meetings
  • Changes to office-holder reports and communications
  • Distributions without formal claim for debts of less than £1,000
  • Changes to the appointment of trustees in bankruptcy
  • Insolvency practitioners as interim receivers in bankruptcy proceedings

This Practice Note has been archived and is not maintained.

Introduction

The Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024 were published and laid before parliament on 25 October 2016, and came into force on 6 April 2017. This Practice Note is an attempt to summarise the key features of the rules. For further detail the reader is referred to the following sources:

  1. full text of the IR 2016

  2. explanatory memorandum

  3. derivation table

See also: Guide to the destination of the Insolvency Rules 1986, SI 1986/1925 in the Insolvency (England and Wales) Rules 2016, SI 2016/1024 [Archived].

The Insolvency (England and Wales) (Amendment) Rules 2017, SI 2017/366 were laid before Parliament on 13 March 2017 and came into force on 6 April 2017. This SI made a number of minor amends to the IR 2016, SI 2016/1024.

The Insolvency Amendment (EU 2015/848) Regulations 2017, SI 2017/702 were laid before Parliament on 23 June 2017 and came into force on 26 June 2017. This SI made a number of amendments in light of the main provisions of the Recast Regulation on Insolvency 2015/848 (Regulation (EU) 2015/848) which came into force on 26 June 2017 and should be reviewed (together with the Insolvency Service’s guidance on the matter).

The structure of the IR 2016 and abolition of statutory forms

The new rules entirely do