After notifying you all that all winding-up petitions were being adjourned we are now finding out that the same applies to Bankruptcies. Here are the full details of the Protocol from the High Court:
1. Given the current Covid 19 crisis, this protocol will apply with immediate effect and until further notice to insolvency and company work in the County Court at Central London. It deals with the bulk lists heard by Business & Property District Judges.
2. Under a standing arrangement with HMRC, no bankruptcy order will be made on HMRC petitions currently listed for hearing. On the hearing date, and without attendance of HMRC or the debtor, the Judge will order the petition to be relisted after 12 weeks. The relisted date will be sent to HMRC. The debtor and any opposing or supporting creditors will be notified by HMRC of the relisted hearing date. The only exception to the arrangement is that HMRC will continue to ask, on paper, for dismissal or withdrawal of the petition where the debt has been paid.
3. The same approach will be taken to other bankruptcy petitions unless a request for a remote hearing is made by email to RCJBankCLCCDJHearings@justice.gov.uk
4. Applications in bankruptcy proceedings will be dealt with on the first occasion on paper. Any hearing directed after a consideration on paper will be a remote hearing.
5. Public examinations will remain listed but only for the Judge to make an order on paper. There will be no attendance. The Judge will simply adjourn the examination unless there is a request for rescission, conclusion or a suspension of discharge from bankruptcy. Such a request should be made by email to RCJBankCLCCDJHearings@justice.gov.uk and will be considered on paper.
6. Claims for extension of time to register company charges will remain listed but only for the purpose of the Judge considering the claim on paper. There will be no attendance. The requirement to produce the original charge is waived in this period and evidence of solvency will be accepted by email to RCJCompGenCLCC@justice.gov.uk
7. Claims for the restoration of companies to the register will remain listed but only for the purpose of the Judge considering the claim on paper. There will be no attendance.
