Reminder on the use of websites to publish documents

We continue to see some confusion between the use of Rule 1.49 and Rule 1.50 of the Insolvency (England & Wales) Rules 2016.

Rule 1.49 allows for the use of a website to deliver a particular document, by delivering a notice to creditors containing a statement that the document is available for viewing and downloading on a website.

Rule 1.50 introduced the ability for an officeholder to be able to deliver a notice to creditors that all future documents, with some exclusions, will be made available for viewing and downloading on a website without further notice.

We continue to see instances where an office holder has made an initial statement under Rule 1.50, on the basis of seeking to save costs. However, at the time of delivering their annual progress report they are sending creditors a letter confirming the report is now available, often also giving a further Rule 1.50 notice.

If you have already given notice to creditors under Rule 1.50 you do not need to write again at the time of the progress report being available. In fact, you could be criticised for doing so as it will incur additional cost to the estate.

If however you have not given notice under Rule 1.50 but you wish to publish a report on a website, then under Rule 1.49 you would need to write to creditors to confirm that the report is available.

Where you do issue a notice under Rule 1.50, it would be helpful to creditors if you set out the expected timeframes for future reporting.

Remember though, these options are only available to office holders.

Anonymous