The Insolvency (England and Wales) Rules 2016—time periods [Archived]
Produced in partnership with David Menzies of ICAS
The Insolvency (England and Wales) Rules 2016—time periods [Archived]

The following Restructuring & Insolvency practice note produced in partnership with David Menzies of ICAS provides comprehensive and up to date legal information covering:

  • The Insolvency (England and Wales) Rules 2016—time periods [Archived]
  • Summary points
  • Days
  • Example 1
  • Example 2 (where period end is an event)
  • Business day
  • Example 3
  • Months
  • Example 4
  • Example 5
  • More...

The Insolvency (England and Wales) Rules 2016—time periods [Archived]

ARCHIVED: This Practice Note has been archived and is not maintained.

Summary points

  1. IR 2016, SI 2016/1024 will apply, with some exceptions, to existing and new cases from 6 April 2017

  2. Insolvency practitioners need to be aware of statutory interpretation of time periods to ensure compliance with legislative timescales

  3. Delivery time may need to be factored in, which will vary depending on communication methods used

While it may seem obvious what days and months are, in the land of insolvency legislation what seems obvious may be far from it. The Insolvency (England and Wales) Rules 2016 SI 2016/1024, Schedule 5 (IR 2016) and The Insolvency (England and Wales) (Amendment) Rules 2017 SI 2017/366 details how time periods in the IR 2016 are to be calculated.

Days

'Days' are to be calculated in accordance with r 2.8 of the Civil Procedures Rules 1998. So, days actually means ‘clear days’. This excludes the day the period starts and, if the period end is defined by an event, then the day of that event.

Example 1

Where a liquidator is appointed by a court, then by IR 2016, SI 2016/1024, r 6.22(6)(b) the liquidator must advertise the appointment in accordance with the instructions of the court within 28 days. If the liquidator was appointed on 1 May 2017 then the latest date for the advert to

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