Insolvency technical update: May 2025

Read our latest insolvency technical update – your round-up of the recent developments in insolvency.

Insolvency practitioners’ access to non-public information from Companies House

Companies House have provided further information on how insolvency practitioners are able to request non-public information under measures introduced by the Economic Crime and Corporate Transparency Act 2023. Find out more in this article on Companies House information sharing application guidance.

The Bankruptcy and Diligence (Scotland) Act 2024 (Consequential Amendments and Forms) Regulations 2025

These Regulations amend and prescribe forms as a consequence of provisions made by the Bankruptcy and Diligence (Scotland) Act 2024 to facilitate provisions being commenced on 25 June 2025.

New forms are added to schedule 1 of the Bankruptcy (Scotland) Regulations 2016 including:

• Form 35 for a trustee's application to the Accountant in Bankruptcy (AiB) for permission to resign due to the debtor’s failure to cooperate.
• Form 36 for the 'intention to resign' notice that a trustee must use to notify the debtor and all known creditors of their intention to apply to AiB to resign.
• Form 37 issued by AiB to the trustee when AiB decides to approve the trustee’s application for resignation authority.

The Regulations also makes minor amendments to the notification requirements for the AiB under the Bankruptcy (Applications and Decisions) (Scotland) Regulations 2016 related to the recall process when AiB is the trustee and independently proposes the recall of an award of sequestration based on the debtor’s ability to pay their debts in full as well as correcting an erroneous cross-reference in Form 23 of the Bankruptcy (Scotland) Regulations 2016.

HMRC Insolvency Bulletins

HMRC have issued a new Insolvency Practitioner Bulletin (IPB). 

IP bulletin 6 (2025): repayment and refund satisfaction survey provides information about a survey that HMRC are running to obtain feedback on experiences getting a repayment or refund from HMRC. It’s important that as many survey responses are submitted as possible in order to provide an evidence base for additional resources and system improvements to be made by HMRC. The repayment and refund satisfaction survey will be available from Wednesday 28 May 2025 until Friday 20 June 2025.

Update to rollout of new Insolvency Service Case Management System

The Insolvency Service have announced that the rollout of the new Insolvency Service case management system (INSSight) has been further delayed, with no new date announced for its implementation. 

Legal update

Bilta (UK) Ltd (in liquidation) and others v Tradition Financial Services Ltd The Supreme Court has delivered a significant judgment concerning the scope of s213 (fraudulent trading) of the Insolvency Act 1986 and clarified the burden of proof and the applicability of statutory limitation provisions, particularly relating to companies restored after dissolution.