The pilot scheme for Insolvency Express Trials
The pilot scheme for Insolvency Express Trials

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

  • The pilot scheme for Insolvency Express Trials
  • Brexit impact—cross-border insolvency (Insolvency (Amendment) (EU Exit) Regulations 2019, SI 2019/146)
  • What is the purpose of the IET pilot scheme, and in what circumstances is it available?
  • Threshold criteria for participating in the IET pilot scheme
  • Engaging the IET pilot scheme
  • Process following issue of the application
  • Listing of directions hearing
  • Respondent’s objection
  • Directions hearing
  • Trial, judgment and costs
  • more

On 1 April 2016, Civil Procedure Rules Practice Direction 51P (CPR PD 51P) came into force which sets the detail for a new pilot scheme known as Insolvency Express Trials (IET). The IET pilot scheme was approved by the CPR Committee on 4 December 2015.

References to paragraph numbers in this Practice Note relate to paragraphs in the PD.

For an interview with the-then Chief Registrar, Stephen Baister, in relation to IET, see News Analysis: Insolvency Express Trials pilot scheme.

Please note that since the IET pilot scheme commenced, two relevant changes have occurred:

  1. first, the introduction of the Business and Property Courts of England and Wales (B&PCs). Insolvency and Companies Act work—which was formerly undertaken in the Bankruptcy and Companies Courts—is now undertaken in the Insolvency and Companies List of the B&PCs. For further reading, see: Business and Property Courts of England and Wales to become operational—LNB News 27/09/2017 78

  2. on 26 February 2018, the Registrars in Bankruptcy of the High Court were renamed as Insolvency and Companies Court Judges. For further reading, see: Alteration of Judicial Titles (Registrar in Bankruptcy of the High Court) Order 2018—LNB News 06/02/2018 117

The remainder of this Practice Note refers to this new terminology, notwithstanding that CPR PD 51P has not been updated.

CPR PD 51P as originally drafted provided for the IET pilot scheme to last for