Part 9 – Complying with time limits
June 2014
The Insolvency Rules 1986 and the Civil Procedure Rules 1998 contain statutory time limits for the filing of documents in court (see Parts 4 and 5 for further details). The court in fulfilling its duty to manage cases [Note 1] may also impose time limits for the presentation of evidence, defences, etc. The court may vary these time limits even if the time for compliance has expired [Note 2].
19.155 Time limits and insolvency proceedings
The provisions within the Civil Procedure Rules 1998 relating to the computation of time (see paragraphs 19.156 and 19.158) and the ability to extend or shorten the time for compliance applies to insolvency proceedings [Note 3].
“Clear days” must be used to calculate the period of time for doing any act specified in the Insolvency Rules 1986, the Civil Procedure Rules 1998, by a practice direction or by a judgment or order of the court [Note 4]. “Clear days” do not include the day on which the period begins nor the day on which the period ends if it is defined by reference to an event. Where the specified period is 5 days or less and includes a Saturday or Sunday, a bank holiday, Christmas Day or Good Friday, that day does not count [Note 5].
19.157 A practical example of how the time limit applies
Where a notice of application is to be served at least 3 days before the hearing to be held on Friday 20th October the last day for service of the notice is Monday 16th October.
19.158 Use of “business days” in insolvency proceedings – post 6 April 2010
For cases with petitions on or after 6 April 2010, the Insolvency Rules 1986 introduced the concept of business days usually where the period of notice for any action is less than 14 days. A business day means any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday [Note 6].
19.159 A practical example of “business days” in Insolvency proceedings post 6 April 2010
Where a notice of application is to be served at least 3 days before the hearing to be held on Tuesday 6 May the last day for service of the notice is Tuesday 29 April (Monday 5 May being a bank holiday).
19.160 Definition of a “month”
Where “month” occurs in any judgment, order, direction or other document, it means a calendar month [Note 7].
19.161 Application for an extension of time limits within insolvency proceedings
Within any insolvency proceedings, where the time for doing anything is limited, the court may extend the time, either before or after it has expired, on such terms, if any, as it thinks fit [Note 8]. Where the official receiver makes such an application, it would be made without notice being served on any other party, to either the High Court or the County Court.
19.162 Hearing of an application for an extension of time
The official receiver may not have to attend court if it is expected that extension will be agreed and there are no unusual circumstances which would need to be drawn to the attention of the court. Generally the court will grant an extension to the time limit but may decline to do so where the delay has been excessive or where there is no explanation for substantial delay.
19.163 The official receiver and time limits
The official receiver should adhere to any statutory or court ordered time limits as far as possible. Where a delay is unavoidable, an application to court to extend the time limit should be made at the earliest opportunity together with a full and proper explanation or excuse. The time limits are intended to avoid delays in the proceedings and it should not be taken for granted that the court will exercise its powers to increase the time for carrying out a specific step.
[Back to Part 8 – How to serve claim forms and documents] [On to Part 10 – Court Hearings]