Insolvency Act 1986, section 373

Jurisdiction in relation to insolvent individuals

Part X Individual Insolvency: General Provisions

(1)The High Court and the [F979county courtF979] have jurisdiction throughout England and Wales for the purposes of the Parts in this Group.

(2)For the purposes of those Parts, [F980the county courtF980] has, in addition to its ordinary jurisdiction, all the powers and jurisdiction of the High Court; and the orders of the court may be enforced accordingly in the prescribed manner.

(3)Jurisdiction for the purposes of those Parts is exercised—

(a)by the High Court [F981or the [F982 county courtF982,F981]] in relation to the proceedings, which, in accordance with the rules, are allocated to the London insolvency district, and

(b)by [F983theF983] county court in relation to the proceedings which are so allocated to [F984any other insolvency districtF984] .

(4)Subsection (3) is without prejudice to the transfer of proceedings from one court to another in the manner prescribed by the rules; and nothing in that subsection invalidates any proceedings on the grounds that they were initiated or continued in the wrong court.

Cases considering section 373 5

Clarke v Coutts & Co (A Firm)

[2002] EWCA Civ 943 · 17 June 2002Interprets

Section 373(1) confers jurisdiction on the High Court and county courts for the relevant insolvency provisions. It supported the conclusion that the High Court had jurisdiction to grant retrospective leave under section 252. (see under “2. Did the judge have a discretion whether to set aside the order?”) Section 373(2) gives the county court, in addition to its ordinary jurisdiction, the powers and jurisdiction of the High Court. It supported a broad concurrent jurisdictional reading. (see under “2. Did the judge have a discretion whether to set aside the order?”) Section 373(3) allocates insolvency jurisdiction between the High Court and county courts by insolvency district. The court held that this did not cut down the wider jurisdiction conferred by section 373(1). (see under “2. Did the judge have a discretion whether to set aside the order?”) Section 373(4) prevents proceedings from being invalidated merely because they were initiated or continued in the wrong court. It reinforced the court’s refusal to treat jurisdiction as narrowly confined to the court that made the interim order. (see under “2. Did the judge have a discretion whether to set aside the order?”)

Graham Wolloff & Anor v Jagruti Kantilal Patel

[2019] UKUT 333 (LC) · 4 November 2019Interprets

Section 373(1), read with section 363(1), identifies the courts exercising bankruptcy jurisdiction. It does not exclude the First-tier Tribunal from deciding matters within its statutory land-registration jurisdiction. (see paras [31]-[35]; [43]) Section 373(3) identifies how bankruptcy jurisdiction is exercised by the High Court and county court. It was considered with section 363(1) and did not establish exclusive jurisdiction preventing a statutory Tribunal determination. (see paras [31]-[35]; [43])

Hall & Anor v Van Der Heiden

[2010] EWHC 537 (TCC) · 15 March 2010Interprets

Read with section 385 as preserving a sufficiently broad jurisdiction for the High Court to determine the application for leave under section 252. The provision did not exclude the High Court merely because a county court had made the interim order.

What each judgment says about section 373 is in the case-law panel in the full Act.

Amendments and notes

7 notes from legislation.gov.uk

Amendments

  1. F979Words in s. 373(1) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 93(d); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
  2. F980Words in s. 373(2) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 52; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
  3. F981Words in s. 373(3)(a) inserted (6.4.2011) by The London Insolvency District (Central London County Court) Order 2011 (S.I. 2011/761), art. 5 (with art. 9)
  4. F982Words in s. 373(3)(a) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 93(e); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
  5. F983Word in s. 373(3)(b) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 93(f)(i); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
  6. F984Words in s. 373(3)(b) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 93(f)(ii); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Modifications

  1. C1106s.373 applied with modifications by S.I. 1986/1999, art. 3, Sch. 1 Pt. II