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The Insolvency (England and Wales) Rules 2016 - New Insolvency Court Forms from 6 April 2017

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The Insolvency (England and Wales) Rules 2016 (often referred to as the “Insolvency Rules 2016”) are due to come into force on 6 April 2017.

One of the major amendments brought about by the new insolvency rules 2016 is the abolition of all of the prescribed/standard forms that practitioners were required to use under the Insolvency Rules 1986.

From 6 April 2017, rather than using a prescribed form, practitioners will be required to ensure that the documents they use contain all of the relevant information required by the new rules, with the additional requirement that this information must be set out in the correct order.

Despite this new procedure and the abolition of all prescribed forms, we have been informed that the Court Service intends to produce standard court forms to be used for certain matters in insolvency cases after 6 April 2017. 

This is likely to include Statutory Demands, Winding up Petitions, Bankruptcy Petitions, Administration Applications, Notices of Intention to Appoint an Administrator and Notices of Appointment of an Administrator. 

This is a welcome relief as it will help practitioners ensure that their appointment documentation, applications and other documents delivered to court will be compliant with the new rules.

The new forms have not yet been published, but we understand it is intended that they will be available on the HMCTS website by 6 April 2017.  To understand what they are likely to include please follow this link.

Should you have any queries regarding the proposed amendments to the Insolvency Rules, then please do not hesitate to contact us.  

 

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