BUSINESS AND PROPERTY COURTS
IN LEEDS, LIVERPOOL, MANCHESTER AND NEWCASTLE
TEMPORARY INSOLVENCY PRACTICE DIRECTION
VARIATIONS AND GUIDANCE
(SECOND ISSUE)
Issued and effective 5 October 2020
- This document sets out the variations and guidance for the conduct of insolvency proceedings on the North and North Eastern Circuits as envisaged by paragraph 2 of the Temporary Insolvency Practice Direction (the “TIPD”) dated 2 October 2020. This document uses the same defined terms as in the TIPD.
- The variations and guidance herein replace the earlier variations and guidance issued on 6 April 2020. They shall have immediate effect unless and until superceded by further variations or guidance, or the TIPD itself ceases to have effect.
- The variations and guidance given below are subject to any specific orders and directions given by the Court in any particular case.
Winding-up and bankruptcy petitions - The following arrangements shall apply for the hearing of winding-up and bankruptcy petitions.
Leeds
Remote Hearings of winding-up petitions and bankruptcy petitions shall be conducted by BT Meet Me. Opposed petitions may be adjourned to be heard by other means. The hearings shall be arranged by the Court.
Liverpool
Remote Hearings of winding-up petitions and bankruptcy petitions shall be conducted by a telephone conference using Legal Connect or Kidatu. The telephone conference shall be arranged by the petitioner or their legal representative quoting telephone number 0151 296 2572.
Manchester
Remote Hearings of winding-up petitions and bankruptcy petitions shall be conducted by Microsoft Teams. The hearings shall be arranged by the Court.
Newcastle
Remote Hearings of winding-up petitions and bankruptcy petitions shall be conducted by BT Meet Me. Opposed petitions may be adjourned to be heard by other means. The hearings shall be arranged by the Court.
Preparation for hearings - Court users must take the initiative in liaising with other parties (including litigants in person) and providing contact details to the Court for the purposes of all Remote Hearings and Hybrid Hearings as far in advance of the hearing as reasonably practicable and in any event no later than two clear Business Days prior to the hearing for petitions and listed applications. Court resources may be limited during the continuing pandemic and the Court will not be responsible for chasing parties who fail to supply their contact details for hearings. The Court may make an order in the absence of a party who does not provide their contact details to the Court.
Electronic Bundles - For a Remote Hearing or Hybrid Hearing, the petitioner or applicant must prepare and provide to the Court and other parties an electronic hearing bundle containing only the documents which are essential for the hearing.
- The hearing bundle for petitions and listed applications must be provided and filed with the Court as soon as practicable and in any event no later than two clear Business Days prior to the hearing. Hearing bundles for urgent applications should be provided at the earliest practical opportunity. Failure to provide a suitable electronic hearing bundle may result in the Court dismissing the petition or application or adjourning the hearing and making any order as to costs as it sees fit.
- Skeleton arguments should be filed with the Court as Word documents, and authorities provided in a separate electronic authorities bundle as soon as practicable and in any event no later than two clear Business Days prior to the hearing of more substantial listed matters, and by 10 a.m. on the Business Day preceding the hearing of all other listed matters.
- Essential guidance on the preparation of electronic bundles is available on the judiciary website.
Court email addresses - The following email addresses should be used for communications with the Court in insolvency matters.
Leeds
BPC.Leeds@justice.gov.uk
Liverpool
Insolvency.liverpool.countycourt@justice.gov.uk;
Manchester
Manchester.chancery@justice.gov.uk
Newcastle
NewcastleBPC@justice.gov.uk
Local Business - Subject to the following, paragraphs 3.6 to 3.9 of the IPD shall continue in effect.
- Matters comprising Local Business as defined in paragraph 3.7 of the IPD which are already listed before an open court or a staffed court shall be heard in accordance with directions given by the judge in that court. Matters comprising Local Business which are already listed in a suspended court will be heard remotely on the date and time fixed unless the judge at the suspended court orders otherwise.
- Upon receipt of a new application at an open court or a staffed court, the application will be reviewed by a judge and, if the matter is Local Business, directions will be given on the application which may, if the circumstances require it, include the application being listed for an attended hearing at the nearest open court.
- Any new applications or petitions which otherwise would have been issued in a suspended court should instead be issued in the nearest open court which has insolvency jurisdiction save that (a) any petitions which are required by the rules to be presented in one of the hearing centres specified in Insolvency Rule 10.11(4) should be entitled with the name of the relevant centre but sent to the nearest open or staffed court with insolvency jurisdiction for issue on behalf of the relevant hearing centre, and (b) applications to set aside statutory demands must be issued out of the nearest hearing centre identified in Insolvency Rule 10.48(4) which is open or staffed.
Mr. Justice Snowden
Supervising Judge for the Business and Property Courts
on the North and North Eastern Circuits
5 October 2020