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The term ‘burden of proof’ describes the standard that a party seeking to prove a fact in court must satisfy to have that fact legally established.
The burden of proof in a civil action is ‘on a balance of probabilities’.
The burden of proof in a criminal action is ‘beyond reasonable doubt’.
[See ‘Balance of Probabilities’ and ‘Beyond Reasonable Doubt’.]
Many actions by officeholders (or directors in respect of prospective appointments) require the delivery of a notice to categories of persons (typically creditors), providing certain specified notice periods.
For example, Rule 15.6 of the Insolvency Rules 2016 states that a request for a physical meeting may be made before or after the notice of the decision procedure or deemed consent procedure has been delivered, but must be made not later than five business days after the date on which the convener delivered the notice of the decision procedure or deemed consent procedure unless these Rules provide to the contrary.
An area that confuses some in the insolvency and restructuring profession is that delivery is itself subject to rules around when it is deemed to have taken place. The deemed date of delivery is calculated with reference to the delivery mechanism employed and is based on business days. It does not, therefore, include weekends and UK Bank Holidays.
In the example given above (from Rule 15.6), because the statute wording states ‘five business days’ this will not include weekends and Bank Holidays. So, the request for a physical meeting to be held on a Wednesday, with no Bank Holiday before or after the weekend, notice (if delivered by hand, not post) must be delivered on the preceding Thursday.
Notice periods in excess of five days are based on calendar days, not business days, and the default position for notice periods is 14 clear days, unless specified to the contrary.
