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Time limit for instituting proceedings

In principle an application for legal aid should fall to be determined before proceedings are instituted.

The time limit for instituting proceedings is fourteen days from (and including) the date of the creditors meeting (or if there is only one creditor, the date that the notice that the sole creditor has rejected the PIA was served on the debtor). There is no jurisdiction on the Court to extend this limit. Where this deadline is expired, and proceedings have not yet been instituted, legal aid must be refused (under section 24(a) and (b) and section 28(2)(b)) for the reason that the time limit for instituting proceedings is expired.

In practice, it is our experience that the debtor/PIP may have instituted the proceedings prior to legal aid being sought. If this is the case (and confirmation should be sought from the applicant and copies of the court documents obtained) the application may be considered regardless of the statute expiry date