Appeals and reviews in insolvency proceedings

The appeal process in insolvency proceedings is very similar to general litigation, with a few exceptions.

The Insolvency Act 1986 (IA 1986) also provides a review process whereby the insolvency court has jurisdiction to revisit its own orders outside the scope of, and therefore entirely separate to, an appeal.

Appeals generally

Appeals in litigation are governed by CPR 52 and its practice directions, which comprise CPR PD 52A, CPR PD 52B, CPR PD 52C, CPR PD 52D and CPR PD 52E.

An appeal is only allowed if the appeal court is satisfied that the decision of the lower court was:

•
wrong, or
•
unjust because of a serious procedural or other irregularity in the proceedings in the lower court

For further reading, see Practice Note: Grounds for appealing and preliminary considerations.

Appeals are generally limited to a review of the lower court's decision. Oral or new evidence is not admissible unless permission has been granted. Given the tight time limits in initiating and responding to an appeal, there are some important preliminary considerations and next steps for practitioners

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