OpenLegislation

Rule 3 Form and conduct of applicationsI1

England and Wales

(1)

The Civil Procedure Rules 1998, and any relevant practice direction, apply in respect of applications under these Rules, except where these Rules make different provision.

(2)

An application must be made by claim form and the claimant must use the CPR Part 8 (alternative procedure for claims) procedure.

(3)

In the case of an application under section 15C(1), the Secretary of State is the defendant for the purposes of the Civil Procedure Rules 1998.

(4)

CPR rule 8.1(3) (power of the court to order the claim to continue as if the claimant had not used the Part 8 procedure), CPR rule 8.2 (contents of the claim form) and CPR rule 8.7 (Part 20 claims) do not apply to applications under these Rules.

F1(5)

Rule 12.49 (appeals and reviews of court orders in corporate insolvency) and rule 12.61 (procedure on appeal) of the Insolvency (England and Wales) Rules 2016 apply to applications under these rules.

Annotations

Textual amendments

F1

Rule 3(5) substituted (6.4.2017) by The Insolvency (England and Wales) Rules 2016 (Consequential Amendments and Savings) Rules 2017 (S.I. 2017/369), rule 1, Sch. 2 para. 12(3)

Commencement

I1

Rule 3 in force at 1.10.2016, see rule 1(2)