Q&As

What methods can be used to serve a notice under rule 22.4 of the Insolvency (England and Wales) Rules 2016, SI 2016/1024 concerning a notice to creditors on the re-use of a prohibited name under section 216 of the Insolvency Act 1986? Specifically, is it possible to serve by email, and does the director need to provide his personal address for service, or is a business or alternative address sufficient?

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Produced in partnership with Alison Curry of Insolvency Support Services
Published on LexisPSL on 11/09/2018

The following Restructuring & Insolvency Q&A produced in partnership with Alison Curry of Insolvency Support Services provides comprehensive and up to date legal information covering:

  • What methods can be used to serve a notice under rule 22.4 of the Insolvency (England and Wales) Rules 2016, SI 2016/1024 concerning a notice to creditors on the re-use of a prohibited name under section 216 of the Insolvency Act 1986? Specifically, is it possible to serve by email, and does the director need to provide his personal address for service, or is a business or alternative address sufficient?
  • Available delivery methods
  • Address details to be supplied

What methods can be used to serve a notice under rule 22.4 of the Insolvency (England and Wales) Rules 2016, SI 2016/1024 concerning a notice to creditors on the re-use of a prohibited name under section 216 of the Insolvency Act 1986? Specifically, is it possible to serve by email, and does the director need to provide his personal address for service, or is a business or alternative address sufficient?

Available delivery methods

Chapter 9 of the Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024 applies whenever notice is given under the Act or Rules (IR 2016, SI 2016/1024, r 1.36), unless a rule or order makes different provision including one requiring service of the document.

IR 2016, SI 2016/1024, r 22.4 does not make different provision as to the manner of delivery, so unless the court has ordered to the contrary, the ordinary rules on delivery apply, which include postal, personal, document exchange and electronic delivery (IR 2016, SI 2016/1024, rr 1.42–1.45).

However, IR 2016, SI 2016/1024, r 1.45 stipulates that there must be consent for electronic delivery, be that actual or deemed. In the case of the latter, IR 2016, SI 2016/1024, r 1.45(4) refers to the ability for deemed consent to the electronic delivery of documents to be assumed by the office-holder where the intended recipient and the person who is the subject

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