ICAS insolvency court reporter pack update
By Steven Wood, Practice Support Specialist (Insolvency)
19 October 2023
We have updated the ICAS court reporter pack for the first time since 2019. Read on to find out more about the changes.
The update was prompted, in part, by a Court of Session judgment earlier this year and related discussions with the ICAS Insolvency Committee.
The pack was substantially redeveloped in 2019, following a number of legal cases considering the role and remit of the court reporter.
This followed a substantial exercise involving a significant number of those appointed as court reporters on a regular basis and liaising with the Auditor of Court.
Summary of updates
The principal updates to the pack are noted below:
- An explanatory note has been added to clarify that the purpose of sending the draft report to the office holder is to provide an opportunity for any factual inaccuracies or misunderstandings to be raised and clarified. The reporter should not seek the office holder’s approval of their proposed recommendation or enter into negotiations, as is noted at paragraph 30, Re Future Renewables Eco plc (in administration) [2023] CSOH 27.
- An addition to the work programme has been made to reflect the reporter’s role in considering whether any time costs claimed by the office holder may have been incurred unnecessarily, not simply to consider whether they are fair reimbursement in respect of time expended.
- Updates have been made to reflect changes brought about by the introduction of a revised SIP 9 on 1 April 2021.
Usage
The ICAS court reporter pack does not have any formal standing with the Scottish Courts and Tribunals Service and does not require to be used by court reporters. However, its use is likely to result in compliance with the remit and role of the court reporter as set out in the various court decisions over recent years.
