Appeal from an order of a registrar

AuthorMark Watson-Gandy
Pages429-436
Chapter 29


Appeal from an Order of a Registrar

OBJECTIVE

An appeal against a decision at first instance may be brought only with the permission of the court which made the decision or of the court that has jurisdiction to hear the appeal.1An appeal from a district judge is to a registrar in bankruptcy or High Court judge, depending on the court hearing the case.2An appeal from a registrar of the Companies Court is to a High Court judge.3An appeal from a High Court judge lies to the Court of Appeal.4Permission needs to be sought from the judge being appealed or (if refused) from the appellate judge.5

APPEAL NOTICE

The appellant’s notice must be filed within 21 days after the date of the decision under appeal6using the usual appellant’s form under the CPR. Insolvency proceedings no longer have their own ‘special’ appellant’s notice, and Form PDIP 1 is no longer used. The appeal from a registrar or district judge should be filed in the High Court or the Chancery District Registry with jurisdiction for that area. Sufficient copies should be prepared to allow one for the appellant, two for the court and one for each respondent to the appeal.

The appellant should also file:

ƒ a copy of the order under appeal;
ƒ a time estimate;
ƒ a chronology of events;
ƒ an approved transcript or note of the judgment; and ƒ a skeleton argument.

Where it is impractical to serve the skeleton at the same time as the appellant’s notice, it should be filed within 14 days of filing the notice.

1Rule 12.61(1) of the Insolvency (England and Wales) Rules 2016.

2Rule 12.59 of, and Schedule 10 to, the Insolvency (England and Wales) Rules 2016.

3Rule 12.59(2)(b) of the Insolvency (England and Wales) Rules 2016.

4Rule 12.59(2)(c) of the Insolvency (England and Wales) Rules 2016.

5Paragraphs 20.3 and 20.4 of the CPR Practice Direction – Insolvency Proceedings; r 52.3 of the

CPR.

6Rule 12.61(2) of the Insolvency (England and Wales) Rules 2016.

430 Corporate Insolvency Practice

COURT FEES

A court fee of £480 is payable for an application for permission or an extension of time and £1,090 for the appeal itself.7

SERVICE

The appeal notice will need to be served on the respondents within 7 days of the notice of appeal being filed.

RESPONDENT’S NOTICE

A respondent to an appeal may file a respondent’s notice. The respondent’s notice must be filed at court no later than 14 days after the date on which the respondent is served with the appellant’s notice. The respondent’s notice will need to be served on the appellants within 7 days of the respondent’s notice being filed.

APPEAL BUNDLE

The appellant needs to prepare and file and serve his appeal bundle not later than 35 days after filing the appellant’s notice.

TIME LIMITS

The time limits are strict and can only be extended by order of the court. They cannot be extended by agreement with the other side.

KEY STATUTORY PROVISIONS

Rules 12.58, 12.59 and 12.61 of, and Schedule 10 to, the Insolvency (England and Wales) Rules 2016

Application of Chapter

12.58.CPR Part 52 (appeals) applies to appeals under this Chapter as varied by any...

Get this document and AI-powered insights with a free trial of vLex and Vincent AI

Get Started for Free

Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant

  • Access comprehensive legal content with no limitations across vLex's unparalleled global legal database

  • Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength

  • Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities

  • Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting

vLex

Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant

  • Access comprehensive legal content with no limitations across vLex's unparalleled global legal database

  • Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength

  • Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities

  • Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting

vLex

Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant

  • Access comprehensive legal content with no limitations across vLex's unparalleled global legal database

  • Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength

  • Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities

  • Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting

vLex

Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant

  • Access comprehensive legal content with no limitations across vLex's unparalleled global legal database

  • Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength

  • Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities

  • Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting

vLex

Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant

  • Access comprehensive legal content with no limitations across vLex's unparalleled global legal database

  • Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength

  • Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities

  • Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting

vLex

Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant

  • Access comprehensive legal content with no limitations across vLex's unparalleled global legal database

  • Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength

  • Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities

  • Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting

vLex