Insolvency Rules 2016 - Appeals and Reviews Process in Corporate Insolvency

The Appeals process is governed by Rules 12.59; 12.61 and Schedule 11. The old corresponding provisions were Rules 7.47 and 7.49A.

The major change to the provisions is that there is now clarification on appealing decisions made by District Judges. The new rules provide that these appeals will now lie either to a High Court Judge in a District Registry or a Registrar in Bankruptcy at the High Court. This was previously the case, but was only inserted into the old rules by way of an Amendment - they now come fully under the scope of the rules.

Schedule 10 also contains a useful list of the destination for appeals of decisions made by District Judges at various local County Court Hearing Centres around the country. These provide where the destination of the Appeal should lie in each case.

In summary, every court with jurisdiction to do so may review, rescind or vary any order it has made.

Rule 12.59(2) details where appeals will lie. In summary:

  • Where the initial decision was made by a District Judge at a hearing centre listed in schedule 10, the appeal lies to a High Court Judge sitting in the District Registry, or to a Registrar in Bankruptcy of the High Court
  • The appeal will go to a High Court Judge where the initial decision was made by a Circuit Judge sitting in the County Court; a Master; a Registrar in Bankruptcy or a District Judge at a District Registry.
  • Where the initial decision was made by a High Court Judge or a Registrar in Bankruptcy of the High Court, the appeal will be made to the Court of Appeal.

Appeals against a winding up order must be made within 5 business days after the date of the order. Definitions of the different judges and courts listed in Rule 12.59(2) are also included at Rule 12.59(4). This was not included in the previous rules.

The procedure for making appeals is dealt with in Rule 12.61. An appeal may only be brought with the permission of the court which made the decision, or of the court with jurisdiction to hear the appeal. An appellant must file an appellant's notice within 21 days of the decision.

This provision has not changed substantially from the old rules, although the provision that the CPR Pt 52 procedure applied has been omitted. 

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