PART 12COURT PROCEDURE AND PRACTICE

CHAPTER 10Appeals

Appeals and reviews of court orders in corporate insolvencyC1C2C312

1

Every court having jurisdiction for the purposes of F6Part A1 to 7 of the Act and the corresponding Parts of these Rules, may review, rescind or vary any order made by it in the exercise of that jurisdiction.

2

Appeals in civil matters in proceedings under F6Part A1 to 7 of the Act and the corresponding Parts of these Rules lie as follows—

a

where the decision appealed against is made by a District Judge sitting in a hearing centre specified in the first column of the table in Schedule 10—

i

to a High Court Judge sitting in a district registry, or

ii

to F1an Insolvency and Companies Court Judge;

as specified in the second column of the table;

b

to a High Court Judge where the decision appealed against is made by—

i

a Circuit Judge sitting in the County Court,

ii

a Master,

iii

F2an Insolvency and Companies Court Judge, if that decision is made at first instance, or

iv

a District Judge sitting in a district registry;

c

to the Civil Division of the Court of Appeal where the decision appealed against is made by F3an Insolvency and Companies Court Judge, if that decision is an appeal from a decision made by a District Judge; and

d

to the Civil Division of the Court of Appeal where the decision is made by a High Court Judge.

3

Any application for the rescission of a winding-up order must be made within five business days after the date on which the order was made.

4

In this rule—

  • “Circuit Judge sitting in the county court” means a judge sitting pursuant to section 5(1)(a) of the County Courts Act 1984 M1;

  • “Civil Division of the Court of Appeal” means the division of the Court of Appeal established by section 3(1) of the Senior Courts Act 1981 M2;

  • “county court” means the court established by section A1 of the County Courts Act 1984;

  • “District Judge” means a person appointed a District Judge under section 6(1) of the County Courts Act 1984;

  • “District Judge sitting in a district registry” means a District Judge sitting in an assigned district registry as a District Judge of the High Court under section 100 of the Senior Courts Act 1981;

  • “district registry” means a district registry of the High Court under section 99 of the Senior Courts Act 1981;

  • “High Court Judge” means a judge listed in section 4(1) of the Senior Courts Act 1981;

  • F5“Insolvency and Companies Court Judge” means a person appointed to the office of Insolvency and Companies Court Judge under section 89(1) of the Senior Courts Act 1981;

  • “Master” means a person appointed to the office of Master, Chancery Division under section 89(1) of the Senior Courts Act 1981;

  • F4...

and for the purposes of each definition a person appointed to act as a deputy for any person holding that office is included.