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6 Review of Orders

From: Applications to Wind up Companies (4th Edition)

Derek French
Edited By: Stuart Sime

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 30 May 2023

The chapter explains the processes of review of orders made for winding-up companies. A court which has made an order in the exercise of its jurisdiction under the Insolvency Act 1986 (IA 1986), parts 1–7, and the corresponding parts of IR 2016 may review, rescind or vary that order. The same provision is made in relation to orders made by the court in the exercise of its bankruptcy jurisdiction. The order may be interim or final. The order may have been made at first instance or on appeal. The power to review, rescind or vary is unfettered but must be exercised judicially. It is not to be used in order to hear an appeal against a decision of a judge of coordinate jurisdiction. The distinction between an appeal and an application to review, otherwise unjust through a serious procedural or other irregularity. An application to review, rescind or vary a decision must be made promptly on learning of the new circumstances which are relied on to justify exercise of the discretion.

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