June 2008
Chapter 6
Appeals, stays and rescissions
This chapter provides advice and information relating to appeals, stays, and rescissions, and their application in relation to both corporate and individual insolvency proceedings. For information on annulments go to Chapter 6A
6.2 Court’s power to review, rescind any order made
Any order made by the court in the exercise of its insolvency jurisdiction may be reviewed, rescinded or varied at the court’s discretion and there is also a right of appeal. Annulment is purely a bankruptcy procedure, for information on annulments go to Chapter 6A. A stay can be of the whole or any part of the proceedings, as the court thinks fit.
6.3 Insolvency (Amendment) Rules 2010
The Insolvency (Amendment) Rules 2010 came into force on 6 April 2010 and have had some effect on appeals, stays and rescissions in cases where the petition was presented on or after 6 April 2010. The relevant paragraphs have been updated to reflect the changes and information is provided to show when they apply.
This chapter is divided into an introduction and 6 parts as follows: -
Introduction - General introduction (paragraphs 6.1 to 6.5)
Part 1 Bankruptcy - Appeals (paragraphs 6.6 to 6.24)
Part 2 Bankruptcy - Stay of advertisement and stay of proceedings (paragraphs 6.25 to 6.49)
Part 3 Bankruptcy - Rescission (paragraphs 6.50 to 6.60)
Part 4 Companies - Appeals (paragraphs 6.61 to 6.67)
Part 5 Companies - Stay of winding-up proceedings (paragraphs 6.68 to 6.82)
Part 6 Companies - Rescission/recall of winding-up order (paragraphs 6.83 to 6.92)
Annex 1 Example ‘Permanent Stay Notification to EAS’
AT - Authorisations Team
CPR - Civil Procedure Rules 1998
EAS - Estate Accounts Services
F&DM - Fees & Data Management Team
IAR – Insolvency (Amendment) Rules 2010
IIR - Individual Insolvency Register
ISA - Insolvency Services Account
IVA - Individual Voluntary Arrangement
PA2004 - Pensions Act 2004
[On to Part 1 - Bankruptcy - Appeals]