If a liquidator’s fee proposal is rejected by creditors under the decision-making procedure under the Insolvency (England and Wales) Rules 2016, SI 2016/1024, r 18.20, must they then apply to court for a resolution on their fees or can they go back to creditors with a second proposal under the same procedure before asking the court to resolve the issue?

The Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024, r 18.16 sets out the Remuneration principles. These principles provide that an office-holder is entitled to remuneration (IR 2016, SI 2016/1024, r 18.16(1)) and under IR 2016, SI 2016/1024, r 18.16(2), that remuneration must be fixed as a percentage value of property or assets realised and/or distributed; time properly spent or as a set amount or a combination of the above bases.

Where an office-holder proposes to take all or any part of the remuneration on the basis set out in IR 2016, SI 2016/1024, r 18.16(2), the office-holder must, prior to the determination of which of the bases set out in IR 2016, SI 2016/1024, r 18.16(2) are to be fixed,