Insolvency Act 1986, section 375

Appeals etc. from courts exercising insolvency jurisdiction

Part X Individual Insolvency: General Provisions

(1)Every court having jurisdiction for the purposes of the Parts in this Group may review, rescind or vary any order made by it in the exercise of that jurisdiction.

(2)F991An appeal from a decision made in the exercise of jurisdiction for the purposes of those Parts by [F989the county courtF989] or by [F990an insolvency and companies court judgeF990] lies to a single judge of the High Court; and an appeal from a decision of that judge on such an appeal lies . . . to the Court of Appeal.

(3)[F989 The county courtF989] is not, in the exercise of its jurisdiction for the purposes of those Parts, to be subject to be restrained by the order of any other court, and no appeal lies from its decision in the exercise of that jurisdiction except as provided by this section.

Definitions used in section 375 1

the company

2 Section 233B does not apply in relation to a contract for the supply of goods or services to a company (“the company”) where any of paragraphs 3 to 11 applies.

Defined in Sch.4ZZA para.2 · see it in the full Act

Cases considering section 375 94

Yang v The Official Receiver

[2017] EWCA Civ 1465 · 10 October 2017Interprets

Cited in explaining the relationship between rescission and annulment. Rescission addresses new material or a material change of circumstances arising after the bankruptcy order. (see paras [53]; [59]) Applies the rescission power where later material changes affect the bankruptcy. The subsequent setting aside of the liability orders justified rescission, but not annulment. (see paras [24]; [53]; [59])

Harvey v Dunbar Assets Plc

[2017] EWCA Civ 60 · 13 February 2017

The provision empowers the bankruptcy court to review, rescind or vary an order made in its insolvency jurisdiction. The Turner restriction on repeating arguments may apply at this stage as part of the wider bankruptcy process. (see paras [34]-[36]; [49])

Sands (as trustee in bankruptcy) v Layne & Anor

[2016] EWCA Civ 1159 · 29 November 2016Interprets

The section addresses both the power to review, rescind or vary insolvency orders and appellate jurisdiction. Its structure informed the construction of subsection (1). (see paras [33]-[38]) The provision empowers every court with individual insolvency jurisdiction to review, rescind or vary an order which that court made in the exercise of that jurisdiction. It covers High Court orders made at first instance or on appeal, but not orders made by another court. (see paras [36]-[45]; [62]-[63]) The provision sends county court and High Court registrar appeals to a single High Court judge, with a further appeal to the Court of Appeal. It is not a comprehensive statement of insolvency appellate jurisdiction. (see paras [35]; [38])

74 more judgments, and what each says about section 375, are in the case-law panel in the full Act.

Amendments and notes

4 notes from legislation.gov.uk

Amendments

  1. F991Words in s. 375(2) repealed (27.9.1999) by 1999 c. 22, ss. 106, 108(3), Sch. 15 Pt. III (with s. 107, Sch. 14 paras. 7(2), 36(9))
  2. F989Words in s. 375 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. F990Words in s. 375(2) substituted (26.2.2018) by The Alteration of Judicial Titles (Registrar in Bankruptcy of the High Court) Order 2018 (S.I. 2018/130), art. 1, Sch. para. 7(a)

Modifications

  1. C1108S. 375 applied with modifications by S.I. 1986/1999, art. 3, Sch. 1 Pt. II