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Review, rescission and variation of insolvency orders in England and Wales: principles, procedure and case law (bankruptcy and winding up)
PRACTICE NOTES
Review, rescission and variation of insolvency orders in England and Wales: principles, procedure and case law (bankruptcy and winding up)
Reviews in insolvency proceedings A review in insolvency proceedings is the court’s reconsideration of an order it has already made. The review mechanism, available in both corporate and personal insolvency, permits a determination to be looked at again either by the judge who issued it (see Official Receiver v Bathurst) or by a different judge (see Re W & A Glaser Ltd). The authority to revisit orders is a feature particular to the insolvency court. For corporate insolvency, the power appears in the Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024, r 12.59(1), which provides that the corporate insolvency court may review, rescind, or vary any order it has made when exercising its jurisdiction. The equivalent in personal insolvency is section 375 of the Insolvency Act 1986 (IA 1986). That provision, mirroring the corporate regime, states that the court may review,
Restructuring & Insolvency
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