Recognition and other applications under the Cross-Border Insolvency Regulations
Recognition and other applications under the Cross-Border Insolvency Regulations

The following Restructuring & Insolvency practice note provides comprehensive and up to date legal information covering:

  • Recognition and other applications under the Cross-Border Insolvency Regulations
  • Types of application
  • Applications by foreign representatives for recognition (art 15)
  • Applications by foreign representative for urgent interim relief (art 19)
  • Applications by foreign representative for relief upon recognition of a foreign proceeding (art 21)
  • Applications by foreign representative to commence proceedings under English insolvency law (art 11)
  • Applications by foreign representative to participate in English proceedings (art 12)
  • Applications by foreign representative for access to English courts (art 9)
  • Applications by foreign representatives to set aside antecedent transactions (art 23)
  • Applications by English office-holders

Recognition and other applications under the Cross-Border Insolvency Regulations

From IP completion day (11pm on 31 December 2020), despite the trade deal, the Insolvency (Amendment) (EU Exit) Regulations 2019, SI 2019/146 kick in and amend both the Regulation (EU) 2015/848 (OJ L141/19), Recast Regulation on Insolvency [EU Recast Regulation on Insolvency] and various other legislation including the CBIR (see News Analysis: Brexit impact on Cross-Border Insolvency Regulations 2006 (CBIR 2006) and Practice Note: Brexit—impact on Recast Regulation on Insolvency).

Types of application

The most common applications under the Cross-Border Insolvency Regulations 2006 (SI 2006/1030) (CBIR) include:

  1. recognition applications (art 15)

  2. interim relief applications (art 19)

  3. relief applications (art 21)

  4. applications to commence English insolvency proceedings (art 11)

  5. applications to participate in English insolvency proceedings (art 12)

  6. applications for access to English courts (art 9)

  7. applications to set aside antecedent transactions (art 23)

The Civil Procedure Rules (CPR) apply to all proceedings under the CBIR and they are classed as multi-track proceedings (SI 2006/1030, sch 2, para 30) and Dalnyaya Step LLC (in liquidation); Cherkasov v Nogotkov (Official Receiver of Dalnyaya Step LLC (in liquidation)) confirmed that in the case of any conflict between the CPR and CBIR, the CBIR shall prevail. Note that CPR PD 57AC (Trial witness statements in the business and property courts) does not apply to CBIR applications, unless the court orders otherwise.

When the CBIR

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