Until the Insolvency (England and Wales) Rules 2016 can be amended the Chancellor has directed court clerks to refer out of hours CE-filed notices of appointment (as opposed to notices of intention to appoint) to a specified High Court Judge for approval when next the court opens. This will be true of notices filed by the Company or its directors under para 22 AND of notices filed by QFCH’s if CE-filed rather than faxed or emailed in accordance with Rule 3.20.
The Chancellor has directed that the nominated Judge will determine the validity and time of the appointment and in order to do so may require an oral hearing and/or written submissions
A definite incentive to await court hours for the company and directors, and for QFCH’s to follow the rules!
Click here to read the guidance note.
About the author:
Frances Coulson is a Senior Partner and Head of Insolvency & Litigation at Moon Beever LLP.
If you have any questions regarding this update or would like some advice, please contact Frances on firstname.lastname@example.org.