Practice Note from the Chief Insolvency and Companies Court Judge: Persons at Risk of Violence

The purpose of this note is to clarify the court centres where an application may be made pursuant to paragraph 16.3 of the Practice Direction – Insolvency Proceedings 2018.

Rule 20.5 of the Insolvency (England and Wales) Rules 2016 permits a debtor to make an application to the court for non-disclosure of the debtor’s address. Where the evidence is sufficient the court may make an order that the debtor’s current address be omitted from any part of the bankruptcy file that is open to inspection, the insolvency register and orders relating to the bankruptcy.

Paragraph 16.3 of the Practice Direction explains that an application may be made to a District Judge sitting in a District Registry, an ICC Judge, or High Court Judge. The purpose of limiting the judiciary who may hear an application is to confine the applications to judges with experience of insolvency.

The list in paragraph 16.3 should be read to include Central London County Court which is not a District Registry but has resident specialist insolvency District Judges.

In London all applications made pursuant to Rule 20.5 of the Insolvency Rules should start in the Central London County Court and be marked for the attention of a Business and Property District Judge.

Chief Insolvency and Companies Court Judge Briggs
11 October 2023