Appeals and reviews in insolvency proceedings

Copyright © 2025 LexisNexis

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:

  1. •

    wrong, or

  2. •

    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

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Existing user? Sign-in TAKE A FREE TRIAL
Powered by Lexis+®
Latest Restructuring & Insolvency News

New Flowchart—Wrongful trading claims under sections 214 and 246ZB of the Insolvency Act 1986—flowchart

The LexisNexis Restructuring & Insolvency practical guidance team has published a new Flowchart—‘Wrongful trading claims under sections 214 and 246ZB of the Insolvency Act 1986—flowchart’. This Flowchart sets out the conditions that must be satisfied to establish a wrongful trading claim.

Insolvency Service announces £115,000 confiscation order for BBL fraud

The Insolvency Service has announced a confiscation order mandating a Yorkshire scaffolding company director to repay £115,000 in fraudulently obtained bounce back loans (BBL) plus interest. Mark Degnan, who previously received a two-year suspended sentence in January 2025, has been ordered to repay the remaining £59,578 within six months or face a 12-month prison term. The order follows his conviction for securing two £50,000 loans by falsely claiming his company had a £500,000 turnover, despite dormant accounts showing actual turnover of £162,000. Degnan has already repaid £55,608 and was previously disqualified as a company director for five years.

CCCL publishes updated Guidance to Business and Property Work at Central London

The County Court at Central London (CCCL) has published an updated Guidance to Business and Property Work at Central London (July 2025). The guide sets out procedures for cases transferred from the Business & Property Courts of England and Wales forming part of the High Court, and from other County Courts, covering property, trusts, contentious probate, business disputes and insolvency matters. It aims to provide practical assistance to parties and representatives but clarifies that it does not have the force of law and is not a substitute for the Civil Procedure Rules and associated Practice Directions.

New Flowchart: Misfeasance claims under section 212 of the Insolvency Act 1986—flowchart

The LexisNexis Restructuring & Insolvency practical guidance team has published a new Flowchart— ‘Misfeasance claims under section 212 of the Insolvency Act 1986—flowchart’. This Flowchart sets out the conditions that must be satisfied to establish a misfeasance claim.

View Restructuring & Insolvency by content type :  
News
Practice notes
Precedents
Q&As

Popular documents

Limitation periods applicable to insolvency claims

Limitation periods applicable to insolvency claimsLimitation periods refer to the time during which a claim may be brought.The law on limitation periods is set out in the Limitation Act 1980 (LA 1980) which makes provisions in respect of different causes of action.In an insolvency context, claims

Preferences under section 239 of the Insolvency Act 1986

Preferences under section 239 of the Insolvency Act 1986The purpose of a preference claim under section 239 of the Insolvency Act 1986 (IA 1986) is to prevent a situation where a creditor is given priority in relation to past indebtedness of a company at the expense of other creditors, preventing a

Where proceedings are ongoing and the defendant enters creditors’ voluntary liquidation but the

Where proceedings are ongoing and the defendant enters creditors’ voluntary liquidation but the liquidators refuse to settle proceedings (drop hands) without payment of their costs to date, is there any authority for getting paid costs as an expense of the liquidation or attaching personal liability

Misfeasance claims under section 212 of the Insolvency Act 1986

Misfeasance claims under section 212 of the Insolvency Act 1986What is misfeasance?A claim under section 212 of the Insolvency Act 1986 (IA 1986) operates where a person caught by the section has:•misapplied, retained or become accountable for any money or other property of the company•breached any
Limitation periods applicable to insolvency claims

Limitation periods applicable to insolvency claims

Limitation periods applicable to insolvency claimsLimitation periods refer to the time during which a claim may be brought.The law on limitation periods is set out in the Limitation Act 1980 (LA 1980) which makes provisions in respect of different causes of action.In an insolvency context, claims

Preferences under section 239 of the Insolvency Act 1986

Preferences under section 239 of the Insolvency Act 1986

Preferences under section 239 of the Insolvency Act 1986The purpose of a preference claim under section 239 of the Insolvency Act 1986 (IA 1986) is to prevent a situation where a creditor is given priority in relation to past indebtedness of a company at the expense of other creditors, preventing a

Where proceedings are ongoing and the defendant enters creditors’ voluntary liquidation but the

Where proceedings are ongoing and the defendant enters creditors’ voluntary liquidation but the

Where proceedings are ongoing and the defendant enters creditors’ voluntary liquidation but the liquidators refuse to settle proceedings (drop hands) without payment of their costs to date, is there any authority for getting paid costs as an expense of the liquidation or attaching personal liability

Misfeasance claims under section 212 of the Insolvency Act 1986

Misfeasance claims under section 212 of the Insolvency Act 1986

Misfeasance claims under section 212 of the Insolvency Act 1986What is misfeasance?A claim under section 212 of the Insolvency Act 1986 (IA 1986) operates where a person caught by the section has:•misapplied, retained or become accountable for any money or other property of the company•breached any