Get in touch
13th September, 2016 by Carl Mifflin , Sundip Mapara
The IET pilot scheme aims to simplify the court process for simple insolvency applications before Bankruptcy Registrars in the High Court in the hope that this will reduce court time and costs for the parties.
For the purposes of IET, ‘simple applications’ are those:
The usual rules on cost management and cost budgeting will not apply to IETs, but costs for each party will be capped as above.
The scheme is not compulsory so litigants still have the option to use the traditional route. Chief Registrar Baister recognises that the IET procedure could be used oppressively; for example by shoehorning a disadvantaged litigant into a trial which is moving at a pace that they simply cannot keep up with. In order to protect against this, respondents are able to object to an IET and the court has discretion to remove the case from the IET procedure where it thinks fit. It is suggested that the court will only exercise such discretion where the matter, after initial inspection, appears to be more complex than originally envisaged and therefore requires more time or a higher costs limit.
If a litigant wishes to proceed via the IET route, the procedure is quite simple. In addition to the usual contents, the application must:
A limit of 15 A4 pages per application has been set and all evidence in support of the application must be filed at the time of issuing the application. Furthermore, the following timelines will apply:
Given many applicants feel constrained by slipping court timetables, the IET should offer a more efficient process for simple insolvency applications with the benefit of costs capping to provide some certainty on costs exposure. The exemption from the cost budgeting procedure will come as a welcome relief as producing and agreeing budgets can be time consuming and drive up costs in more simple matters. However, the strict and non-negotiable nature of the timelines means that an applicant could potentially end up having only seven days within which to file evidence in response to a reply filed by the respondent. It is therefore important that both Insolvency Practitioners and their clients are aware of deadlines from the outset and are confident that they are able to meet them.
The information on this site about legal matters is provided as a general guide only. Although we try to ensure that all of the information on this site is accurate and up to date, this cannot be guaranteed. The information on this site should not be relied upon or construed as constituting legal advice and Howes Percival LLP disclaims liability in relation to its use. You should seek appropriate legal advice before taking or refraining from taking any action.