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Insolvency Express Trials pilot scheme

Published on: 08 March 2016
Published by: LexisPSL
  • Insolvency Express Trials pilot scheme
  • Original news
  • What led to the introduction of the IET pilot scheme?
  • How will the process of IET differ from the process currently in place for applications before the Bankruptcy Registrars? For example, regarding the intention that the trial of an IET case should take place no more than seven and a half months after the date of issue—how does this compare to applications brought outside of the pilot scheme?
  • What are the advantages to both the court and the parties in a case being dealt with by the IET procedure? Are there any potential disadvantages you might envisage?
  • Do you expect an increase in the number of IET cases once the insolvency exemption on the recovery of conditional fee agreements (CFA) uplifts and after-the-event (ATE) insurance premiums comes to an end?
  • Once the insolvency exemption is removed, do you envisage the limit of £75k changing (either up or down)?
  • The court will be able to dis-apply the IET procedure of its own motion if it sees fit. Will this only be possible at the time of the directions hearing, or could this happen at any time? Can you envisage any circumstances where the court might dis-apply IET in relation to an application which otherwise satisfies the IET criteria?
  • Is there any scope for an application to be dealt with by the IET procedure after it has been issued? For example if the applicant is a litigant in person and the application is found at the first directions hearing to be otherwise suitable?
  • Other than the particular case does not satisfy the IET criteria, what test is the court likely to apply when dealing with a respondent’s objection? Will the parties be expected to discuss the IET procedure with their opponent in pre-action correspondence?
  • More...

Article summary

Restructuring & Insolvency analysis: On 1 April 2016, litigants involved in some insolvency applications will be able to take advantage of a new court pilot scheme. Intended to provide litigants with a streamlined procedure and an early date for trial or disposal of simple applications, the pilot scheme—known as Insolvency Express Trials (IET)—will only be available to applications brought in the Bankruptcy and Companies Court of the High Court before the Bankruptcy Registrars. or take a trial to read the full analysis.

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