Some clarity on MVL swearing - and the Temporary Insolvency Practice Direction 2020 effective from the evening of 3 April 2020

A temporary Insolvency Practice Direction came into force on the evening of 3 April 2020, to assist court users during the current COVID-19 pandemic by avoiding the need for parties to attend court in person, and to deal with some of the problems arising from the need for the court(s) to operate with limited staff and resources.

It supplements the Practice Direction – Insolvency Proceedings July 2018 and applies to all insolvency proceedings in the Business and Property Courts subject to variations outside London as directed by the relevant supervising judge.

At section 9, the Temporary Practice Direction talks about statutory declarations, in the context of schedule B1. 

R3 has queried whether this would extend to the swearing of statutory declarations in MVLs and has had the following response from the Insolvency Service:

The answer is that paragraph 9 is aimed specifically at the issue of administrations as the problem commonly arises for out of court appointments. There is no reason to suspect that the court would not take a similar approach for the swearing of any statutory declaration required for the purpose of an insolvency procedure, during the period the practice direction is in force.

You can access the Temporary Insolvency Practice Direction here