OpenLegislation

Rule 52 Exclusion of proof by the court

Original text. Later amendments are not shown.

(1)

The court may exclude a proof or reduce the amount claimed—

(a)

on the T&S administrator’s application, where the T&S administrator thinks that the proof has been improperly admitted, or ought to be reduced;

(b)

on the application of a creditor or member, if the T&S administrator declines to interfere in the matter.

(2)

Where application is made to the court under this rule, the court must fix a venue for the application to be heard, notice of which must be sent by the applicant—

(a)

in the case of an application by the T&S administrator, to the creditor who submitted the proof;

(b)

in the case of an application by a creditor or member, to the T&S administrator and to the creditor who submitted the proof (if that creditor is not the applicant).