Q&As

In relation to the appeal against decision on proof under the Insolvency (England and Wales) Rules 2016, SI 2016/1024, r 14.8(2), is the 21-day deadline based on clear days, business days or just standard days?

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Produced in partnership with Eleanor Stephens
Published on LexisPSL on 12/01/2021

The following Restructuring & Insolvency Q&A produced in partnership with Eleanor Stephens provides comprehensive and up to date legal information covering:

  • In relation to the appeal against decision on proof under the Insolvency (England and Wales) Rules 2016, SI 2016/1024, r 14.8(2), is the 21-day deadline based on clear days, business days or just standard days?

In relation to the appeal against decision on proof under the Insolvency (England and Wales) Rules 2016, SI 2016/1024, r 14.8(2), is the 21-day deadline based on clear days, business days or just standard days?

The position on appealing proof of debts is set out in Practice Note: Creditor’s appeal against rejection of proof of debt—the position under the Insolvency (England and Wales) Rules 2016.

If a creditor is dissatisfied with an office-holder’s decision with respect to their proof of debt (including any decision on the question of preference), the creditor may apply to the court for the decision to be reversed or varied. The application must be made within 21 days of the creditor’s receipt of the statement sent by the office-holder rejecting the proof either in whole or in part (which statement should set out written reasons for the rejection of the proof and should have been sent to the creditor as soon as reasonably practicable) (see the Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024, r 14.8(1)).

Besides the creditor directly affected by the decision of the office-holder, a contributory/member or any other creditor, or, in a bankruptcy, the bankrupt, if dissatisfied with the office-holder’s decision admitting or rejecting the whole of any proof of

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