Appeals in insolvency proceedings guidance notes

Transcription

1 Appeals in insolvency proceedings guidance notes These guidelines have been prepared in accordance with Part 4, Section 19 of Practice Direction: Insolvency Proceedings. Copies of this can be obtained from the relevant Appeals Office at any of the addresses on page 6, or via procedure-rules/civil/rules/insolvency_pd What orders do these Guidance notes cover? Orders made under the: Insolvency Act 1986 (in both Companies and Bankruptcy proceedings); Company Directors Disqualification Act 1986; Administration of Insolvent Estates of Deceased Persons Order 1986; Insolvent Partnerships Order Where those orders were made by a Circuit judge or a District judge in a County Court or by a Registrar in the High Court. What orders do these Guidance notes NOT cover? Orders made under the Companies Act For guidance with appealing orders under the Companies Act 1985, you will need to follow the procedures outlined in Part 52 of the Civil Procedure Rules 1998 and its associated Practice Directions. Further information about this can also be obtained from this office. Where do I begin? Appeals from orders made by Circuit and District judges in the County Court and Registrars sitting in the High Court in relation to Insolvency matters lie to a judge of the Chancery Division of the High Court or sitting in a Chancery district registry. See the Important Notice below about where you may issue your Appellant s notice. Appeals in insolvency proceedings guidance notes (02.13) Crown copyright 2013 Page 1

2 IMPORTANT NOTE: Paragraphs 19.5 and 6 of Practice Direction: Insolvency Proceedings: An appeal from a decision of a Registrar must be filed at the Rolls Building An appeal from a decision of a District judge sitting in a District Registry of the High Court must be filed either at the Rolls Building or in that District Registry An appeal from a decision of a District judge sitting in a County Court must be made to an Appeal Centre on the same circuit as the County Court, as set out below: Midland Circuit: Birmingham North Eastern Circuit: Leeds or Newcastle Northern Circuit: Manchester or Liverpool Wales Circuit: Cardiff, Caernarfon or Mold Western Circuit: Bristol South Eastern Circuit: Rolls Building Addresses and telephone numbers of these Appeal Centres can be found on page 6 of this leaflet. Paragraph of Practice Direction Insolvency Proceedings provides that Part 52 of the Civil Procedure Rules and its Practice Directions apply to appeals in Insolvency Proceedings. For the full text of all relevant provisions, go to: Please note, in particular, CPR 52.3, which deals with permission to appeal. What are the time limits for lodging an appeal? You must lodge your Appellant s Notice at the Appeal Court within:- Such a period as was ordered by the lower court; or Where the lower court made no such direction, 21 days after the date of the decision of the lower court (which you wish to appeal). If this period has already expired you must apply to the Appeal Court for an extension of time to appeal. This application must be included in the Appellant s Notice. Page 2

3 How much will it cost? The fee for lodging your appeal with the Appeal Court is If your appeal is unsuccessful the judge may order you to pay the costs of the other parties. I am within the time limits to appeal what form will I need? You will need:- Form N161 Appellants notice. You can obtain one by telephoning the Appeals Office at any of the Courts listed at the end of this leaflet, or via the website under find a form section. A sealed copy of the order you are appealing. You will be able to get a copy from the lower court. Please Note: Notifying the parties involved in your case that you are appealing does not begin your appeal. You must follow the instructions in this leaflet and any given to you by the relevant Appeal Court. What must I do next? You must complete the Appellant s Notice (Form N161) with the appropriate details of your case (using the guidance notes provided), making sure that you set out clearly, on a separate sheet, the grounds for your appeal and stating why you disagree with the Judge s or Registrar s reasons for making the order. You must lodge your completed Appellant s Notice at the Rolls Building or other Appeal Centre (see the previous IMPORTANT NOTE) within 21 days from the date of the order (unless the judge in the lower court has directed a longer or shorter period). You will need to lodge:- Three copies of the Appellant s Notice (including grounds of appeal) together with one additional copy for each respondent. The current fee of If lodging your Appellant s Notice by post please ensure cheques or postal orders are made payable to HMCTS. If you made an application to the lower court for permission to appeal, a copy of any order granting or refusing permission to appeal together with a copy of the reasons, if any, for granting or refusing permission. A sealed copy of the order you are appealing. The above documents and fee should be taken or posted to either the Chancery Appeals Office, in the Rolls Building, or another relevant Appeal Court which has jurisdiction. The Appeal Court will then issue your appeal and return papers to you to serve on the Respondent(s). (See over the page) Page 3

4 Serving your appeal You have seven days from the day you issued your appeal to serve your Appellant s Notice on each Respondent. If you are appealing an order where either a Bankruptcy Order or a Winding Up Order was made you must also serve a copy of the Appellant s Notice on the Official Receiver, Liquidator or Trustee who is dealing with the case. How may I serve the appeal? If the other parties in your case are represented by solicitors you should serve the Appellant s Notice on the Respondents or their solicitors by using any of the following methods:- Personally First Class Post Leaving the document at the place of residence/business Through the Document Exchange See Part 6 of the Civil Procedure Rules 1998 for further details about service. Remember that you must serve your sealed Appellant s Notice within seven days of lodging it with the Court. What should I do after I have served my Appellant s Notice? You must complete a Certificate of Service and lodge this with the relevant Appeal Court immediately after service. Copies of this form can be obtained by contacting the Appeals Office of the Appeal Court where you issued your Appellant s Notice. What will the Appeals Office do with my Appellant s Notice? If permission to appeal is required (which it will be, unless the lower court has ordered otherwise), the application is normally referred to a judge to be considered on the papers in the first instance. The Appeals Office will refer your papers to a judge when you have filed the necessary documents. The judge will then either make a decision on your permission application, if they have enough information to do so, or direct you to file further documents before permission can be considered. In most cases you will be required at some stage to file a transcript of judgment of the lower court, and you must apply to the lower court to obtain a transcript as soon as possible, and in any event within seven days of filing your Appellant s Notice. If permission on the papers is refused, you will normally have the option to have the matter reconsidered at an Oral Hearing. You will need to notify the Appeals Office within seven days of the order refusing permission on the papers, if you wish to have an Oral Hearing. Please note, however, that if the judge considering your application for permission to appeal on the papers decides that the application is totally without merit, an order may be made that you are not allowed to request an oral hearing and your appeal will be at an end. Page 4

5 If permission is granted, either on the papers or at an Oral Hearing, the Appeal Court staff will arrange a hearing window during which your appeal will be heard. The Appeal Court staff will notify both you and the Respondent of this date. You will also receive a list of documents that you will need to prepare for the Judge hearing your appeal. This bundle of documents must be sent to the Appeal Court and each of the Respondents at least seven days before the hearing window commences. I am out of time for lodging my appeal what must I do? Please complete your Appellant s Notice fully. You will need to complete Sections 9B and 10 of Form N161 setting out the reasons for the delay in lodging the appeal and the steps that you have taken to minimise delay. Where can I get further information? Please contact the relevant Appeals Office at the addresses below for further assistance. Where is the Chancery High Court Appeals Office? The address is: Chancery Appeals Office The Rolls Building 7 Rolls Buildings London EC4A 1NL Telephone: /7717 Fax: When is the Chancery Appeals Office open? The Office is open Monday to Friday from 10.00am to 4.30pm. The Court Offices are closed on Bank Holidays. Page 5

6 Contact details for Insolvency Appeal Centres Rolls Building, London Chancery Appeals Office The Rolls Building, 7 Rolls Buildings, London EC4A 1NL Telephone: /7717 Leeds the High Court, The Court House, 1 Oxford Row, Leeds, LS1 3BG Telephone: Fax: Birmingham the High Court, 33 Bull Street, B4 6DS Telephone: Bristol the High Court, 3rd Floor, Greyfriars, Lewins Mead, Bristol, BS1 2NR Telephone: Caernarfon the High Court, Caernarfon County Court, Llanberis Road, Caernarfon, LL55 2DF Telephone: Cardiff District Registry of the Chancery Division of the High Court, 1st Floor, 2 Park Street, Cardiff, CF10 1ET Telephone: Liverpool the High Court, Liverpool Combined Court Centre, Derby Square, Liverpool, L2 1XA Telephone: Manchester District Registry of the Chancery Division of the High Court, Courts of Justice, Crown Square, Manchester, M60 9DJ Telephone: Mold the High Court, Law Courts, Civic Centre, Mold, CH7 1AE Telephone: Newcastle upon Tyne District Registry of the Chancery Dvision of the High Court, The Law Courts, Quayside, Newcastle upon Tyne, NE1 3LA Telephone: ext 258/247/354 Page 6