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Navigating the new insolvency rules: key changes practitioners need to know
June 25, 2026
By Mark Rostron
New insolvency rule changes are now in force, bringing procedural updates that aim to simplify, modernise and streamline the insolvency framework in England and Wales.
Following a review of the Insolvency (England and Wales) Rules 2016 (IR 2016), the Insolvency (England and Wales) (Amendment) Rules 2026 (the Amendment Rules) came into force on 22 June 2026.
Our insolvency experts take a look at the key changes, and what they are likely to mean in practice.
The Amendment Rules provide further clarity as to from whom IPs must seek approval to exceed their agreed fee estimate. Rule 18.30(2) now provides that an IP must seek approval from:
The IR 2016 previously required an IP to seek approval from the creditors or class of creditors if they fixed the basis, even if there was a committee in place. The Amendment Rules remove this requirement and resolve the uncertainty over who should approve fee increases, especially where a creditors’ committee was formed after the approval of an IP’s fee estimate. This should simplify the process, and help reduce disputes.
Under rule 10.11(1), the financial limit for presenting a creditor’s bankruptcy petition in the High Court has increased from £50,000 to £500,000. This threshold will now push more bankruptcy petitions through the County Court at Central London rather than the High Court, with the latter being reserved for higher-value cases only.
In relation to a trustee in bankruptcy’s vacation from office upon completing the administration of a bankruptcy estate, the trustee’s notice requirements under rule 10.87(3)(f) is now different depending on whether the bankruptcy was brought about by a creditor or the debtor. Rule 10.87(3)(f) now provides that:
Those carrying out business in London will have to pay attention to this change. The rules alter how cases are allocated within the London court system, which may impact overall costs and how quickly the matter is deal with as a result.
The process for appointing an administrator has been simplified. Rule 3.20 removes the requirement to state the date and time in the notice of appointment of an administrator.
Rule 1.46 of the Amendment Rules now provide that where the IR 2016 require more than one copy of a document to be delivered to the court, or by the court to a party, and the document is delivered electronically, e.g. filing a notice of appointment of an administrator (rule 3.26 IR Rules), only one copy is to be delivered. This amendment will be welcomed by lawyers as it abolishes the outdated requirement to file multiple copies to avoid non-compliance with the IR 2016 and technical procedural defects, which was unnecessary and redundant in light of developments in accessibility to the Business and Property Courts of England and Wales, especially the advent of CE filing.
The Amendment Rules also remove fax as a method of delivering documents, this method of delivery to the court is no longer available. This amendment is also unsurprising given the wider use of other electronic means of communication (email and CE Filing).
The Amendment Rules update certain terminology to bring them into line with the existing practice directions. Rule 3 of the Amendment Rules amends the definition of ‘Judge’ to refer to any relevant practice direction and omits the obsolete term ‘Registrar’.
If you have any questions or concerns regarding the matters discussed in this article, or need any help or advice on an insolvency-related matters, whether contentious or non-contentious please contact one of our insolvency specialists on 02920 829 100 for a free initial chat or via our Contact Us form.
To speak to one of our experts today, please contact us on 02920 829 100 or by using our Contact Us form for a free initial chat to see how we can help.
