Insolvency Act 1986, section 376

Time-limits

Part X Individual Insolvency: General Provisions

Where by any provision in this Group of Parts or by the rules the time for doing anything [F992(including anything in relation to a bankruptcy application)F992] is limited, the court may extend the time, either before or after it has expired, on such terms, if any, as it thinks fit.

Cases considering section 376 9

John Forster Emmott v Michael Wilson & Partners Ltd

[2022] EWHC 2682 (Ch) · 24 October 2022

Applies the court’s jurisdiction to extend time for an application to set aside a statutory demand. Time was extended because the delay was short, caused no prejudice, and dismissal would have been disproportionate (see para [17]).

HASSAN ALI MAKKI v BANK OF BEIRUT S.A.L.

[2022] EWHC 733 (Ch) · 13 April 2022

Confirms the court’s jurisdiction to extend time for an application to set aside a statutory demand. The court held that an extension could be sought orally and granted it if necessary (see paras [12], [29]-[32]).

Maud v The Libyan Investment Authority

[2015] EWHC 1625 (Ch) · 8 June 2015

Applied to extend time for the application to set aside the statutory demand, having regard to prejudice, the applicant’s conduct, the explanation for delay, prejudice to the creditor and the public interest in observing sanctions. (see paras [25]-[31])

1 more judgment, and what each says about section 376, are in the case-law panel in the full Act.

Amendments and notes

2 notes from legislation.gov.uk

Amendments

  1. F992Words in s. 376 inserted (6.4.2016) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 19 para. 51; S.I. 2016/191, art. 2 (with art. 3)

Modifications

  1. C1109S. 376 applied with modifications by S.I. 1986/1999, art. 3, Sch. 1 Pt. II