Q&As

The Insolvency (England and Wales) Rules 2016, SI 2016/1024, r 16.6 states that creditors are entitled to inspect proxies 'immediately before or during the meeting'. Is there any guidance on how far in advance would be considered 'immediately before'? Would it include the previous day?

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Published on LexisPSL on 19/07/2021

The following Restructuring & Insolvency Q&A provides comprehensive and up to date legal information covering:

  • The Insolvency (England and Wales) Rules 2016, SI 2016/1024, r 16.6 states that creditors are entitled to inspect proxies 'immediately before or during the meeting'. Is there any guidance on how far in advance would be considered 'immediately before'? Would it include the previous day?

The Insolvency (England and Wales) Rules 2016, SI 2016/1024, r 16.6 states that creditors are entitled to inspect proxies 'immediately before or during the meeting'. Is there any guidance on how far in advance would be considered 'immediately before'? Would it include the previous day?

Where creditors choose to vote at meetings by proxy, other persons attending the meeting have a right to inspect those proxies. The Insolvency (England and Wales) Rules 2016, SI 2016/1024, r 16.6, provides that such inspection should be 'immediately before or during the meeting'. While we are not aware of any case law on this specific point, the courts have considered the meaning of the words 'immediately before' in other contexts. For example, in an employment law context in relation to employee transfers, the meaning of the phrase has been held to depend on the circumstances of each particular case, but refers to a period of

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