(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)An appeal from a decision made in the exercise of jurisdiction for the purposes of those Parts by the county court or by an insolvency and companies court judge 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) The county court 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.
Cases considering section 375 94
[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])
[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])
[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.