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Appealing or rescinding a bankruptcy order

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Aside from applying to annul a bankruptcy order on the basis that it ought not to have been made, it may be possible to appeal the bankruptcy order and/or apply to rescind the same.

Aside from applying to annul a bankruptcy order on the basis that it ought not to have been made, it may be possible to appeal the bankruptcy order and/or apply to rescind the same.

Rescinding a bankruptcy order

The bankruptcy court has the power to review, vary or rescind any order it has made in the exercise of its jurisdiction pursuant to section 375 of the insolvency Act 1986. The court may rescind a bankruptcy order if there are exceptional circumstances justifying the exercise of the court’s discretion and that there is a material difference to the position as it was known to the court when the order was originally made. When considering an application to rescind a bankruptcy order, the court is free to consider any new material that was not considered at the time the bankruptcy order was made.

To obtain rescission of a bankruptcy order, you must apply to the court. This must be done by completing an application form, along with a witness statement setting out the correct information and evidence.  You must also pay the correct court fee when making such application.

The court will then set a date for the hearing. The application and witness statement must be served on the petitioner, any supporting creditors who were heard on the petition, the Official Receiver and the trustee, if one has been appointed. These documents must have been correctly served at least 14 days before the hearing.  However, the court has the power, in cases of urgency, to hear an application immediately, with or without notice to the other parties.

If, at the hearing, the court is satisfied that one of the grounds for rescission has been made out, the bankruptcy will be set aside.

Appeal

An appeal from an Insolvency and Companies Court Judge is made to a High Court Judge and an appeal from a District Judge will be to either an Insolvency and Companies Court Judge or a High Court Judge depending on where the first instance case took place. Permission needs to be obtained from the Judge being appealed. If this is refused, then you must apply for permission from the Judge to whom you are appealing in your appellant application. The notice of appeal must be filed with the correct court within 21 days of the date of the decision being appealed against. The person appealing must also file a copy of the order under appeal, a time estimate for the appeal hearing, a chronology of events, an approved transcript or note of judgement and a skeleton argument. There is a court fee of £240. The appeal notice must be served on the respondent within 7 days of filing with the court.

If the appeal is opposed, the respondent must file a notice in reply within 14 days of receipt of the Notice of Appeal and serve this on the appellant within 7 days.

There will then be a hearing before the High Court. An appeal is limited to reviewing the decision of the lower court and will only be allowed if the decision was wrong or unjust because of a serious procedural irregularity or other irregularity in the proceedings.

Appeal from the High Court, if permission is obtained, is to the Court of Appeal.

For more information on the bankruptcy appeal process, please email litigation@grantsaw.co.uk or contact our insolvency experts on 020 8858 6971.

Meet the Appealing or rescinding a bankruptcy order team
Ray Crudgington
Managing Partner
greenwich
02083054224
ray.crudgington@grantsaw.co.uk
Maria Lati
Partner
Head of Residential Property
blackheath
02083054229
maria.lati@grantsaw.co.uk
Mike Clary
Partner
Head of Family
greenwich
02083054237
mike.clary@grantsaw.co.uk
Kalpa Prajapati
Partner
Head of Private Client
blackheath
02083053536
kalpa.prajapati@grantsaw.co.uk
Mario Savvides
Partner
Head of Commercial Property
greenwich
02083053531
mario.savvides@grantsaw.co.uk
Sarah-Kate Jackson
Partner
Head of Litigation
greenwich
02083054236
sarah-kate.jackson@grantsaw.co.uk
Adina-Leigh Collins
Litigation
Solicitor
greenwich
02083053556
adina-leigh.collins@grantsaw.co.uk
Aimal Gram
Commercial Property
Solicitor
greenwich
02083053524
aimal.gram@grantsaw.co.uk
Aisha Mohammed
Residential Property
Solicitor
greenwich
02083054228
aisha.mohammed@grantsaw.co.uk
Aishat Balogun
Aishat Balogun
Family
Solicitor
greenwich
02083054214
aishat.balogun@grantsaw.co.uk
An Le Tran
Commercial Property
Professional Support Solicitor
greenwich
02083054226
anle.tran@grantsaw.co.uk
Angus Young
Litigation
Solicitor
greenwich
02083054225
angus.young@grantsaw.co.uk
Atifha Aftab
Atifha Aftab
Family
Solicitor
greenwich
02083054238
atifha.aftab@grantsaw.co.uk
Bimal Kotecha
Litigation
Solicitor
greenwich
02083053523
bimal.kotecha@grantsaw.co.uk
Charlotte Warren
Charlotte Warren
Private Client
Solicitor
blackheath
02083054231
charlotte.warren@grantsaw.co.uk
Claire Mac Mahon
Litigation
Solicitor
greenwich
02083053537
claire.macmahon@grantsaw.co.uk
Deborah Taite
Residential Property
Solicitor
blackheath
02083053542
deborah.taite@grantsaw.co.uk
Emily Pearce
Residential Property
Solicitor
greenwich
02083053526
emily.pearce@grantsaw.co.uk
Georgia Beales
Litigation
Paralegal
greenwich
02083054206
georgia.beales@grantsaw.co.uk
James McKimm
James McKimm
Corporate and Commercial
Solicitor
greenwich
02083054217
james.mckimm@grantsaw.co.uk
Jeremy Brooks
Jeremy Brooks
Private Client
Solicitor
blackheath
02083053534
jeremy.brooks@grantsaw.co.uk
Joanna Godden
Notary Public
Notary
greenwich
02083083535
joanna.godden@grantsaw.co.uk
Kim Whitaker
Kim Whitaker
Corporate and Commercial
Head of Corporate and Commercial
greenwich
02083053539
kim.whitaker@grantsaw.co.uk
Lauren Smith
Employment and Family
Paralegal
greenwich
02083053543
lauren.smith@grantsaw.co.uk
Maleeha Iqbal
Residential Property
Licensed Conveyancer
greenwich
02083054232
maleeha.iqbal@grantsaw.co.uk
Mandeep Clair
Family
Solicitor
greenwich
02083054235
mandeep.clair@grantsaw.co.uk
Michael Pope
Employment
Consultant Solicitor
greenwich
02083053540
michael.pope@grantsaw.co.uk
Michelle Pinnington
Michelle Pinnington
Residential Property
Solicitor
greenwich
02083054216
michelle.pinnington@grantsaw.co.uk
Noella Gooden
Employment
Solicitor (Australian qualified)
greenwich
02083053543
noella.gooden@grantsaw.co.uk
Raj Waghela
Raj Waghela
Residential Property
Solicitor
greenwich
02083053529
raj.waghela@grantsaw.co.uk
Randeep Thethy
Randeep Thethy
Residential Property
Solicitor
greenwich
02083054209
randeep.thethy@grantsaw.co.uk
Sarah Conner
Sarah Conner
Private Client
Solicitor
blackheath
02083054234
sarah.conner@grantsaw.co.uk
Simran Lalli
Simran Lalli
Employment
Solicitor
greenwich
02083054208
simran.lalli@grantsaw.co.uk
Susan Collins
Commercial Property
Solicitor
greenwich
02083054200
susan.collins@grantsaw.co.uk
Tatiana Zenina
Tatiana Zenina
Private Client
Solicitor
blackheath
02083054239
tatiana.zenina@grantsaw.co.uk
Trisha Djemal
Trisha Djemal
Residential Property
Consultant Solicitor
blackheath
02083053546
trisha.djemal@grantsaw.co.uk
Tyrone Grant
Residential Property
Head of Leasehold Enfranchisement
blackheath
02083053522
tyrone.grant@grantsaw.co.uk
Denise
Accounts Staff
greenwich
02088586971
enquiries@grantsaw.co.uk
Jamie
Support Staff
Head of IT
greenwich
02088586971
enquiries@grantsaw.co.uk
Jayne Lye
Support Staff
Office Manager
greenwich
02083054204
jayne.lye@grantsaw.co.uk
Kasia
Accounts Staff
greenwich
02088586971
enquiries@grantsaw.co.uk
Michael Tobin
Michael Tobin
Support Staff
Marketing and Business Development Manager
greenwich
02083053550
michael.tobin@grantsaw.co.uk
Laura Danquah
Compliance Manager
greenwich
02083054222
laura.danquah@grantsaw.co.uk
Sue Holness
Support Staff
Customer Services
greenwich
02083054221
sue.holness@grantsaw.co.uk