Article 4 The applicant’s caseI1

Northern Ireland

(1)

The applicant must, at the time when the summons is issued, file in court evidence in support of the application.

(2)

The applicant must serve on the relevant party with the summons copies of the evidence under paragraph (1).

(3)

The evidence must be by one or more affidavits, which must include–

(a)

in the case of an application under Article 19A(1), a statement–

(i)

of the disqualification order or undertaking in respect of which the application is being brought, or of the proceedings for a disqualification order either commenced or being commenced alongside the application;

(ii)

of the loss it is alleged has been caused by the conduct in respect of which–

(aa)

the respondent is subject to the disqualification order or undertaking, or

(bb)

proceedings for a disqualification order have been or are being commenced;

(iii)

identifying the creditor or creditors to whom it is alleged loss has been caused;

(iv)

identifying particulars of the order the applicant is seeking under Article 19B(1)^f1;

(v)

of any other matters considered to be of relevance to the application; and

(b)

in the case of an application under Article 19C(1), the compensation undertaking (or a copy).

(4)

In the case of an application under Article 19A(1), where the insolvent company as referred to in Article 19A(3)(b) is in administration or liquidation, or there is an administrative receiver of that company, the applicant must also give notice of the application to the administrator, liquidator or administrative receiver within 14 days of the summons being issued.

(5)

The notice under paragraph (4) must identify particulars of the order the applicant is seeking under Article 19B(1).

Annotations

Commencement

I1: Art. 4 in operation at 11.7.2025, see art. 1(1)

Footnotes

f1: Article 19B was inserted by section 112 of, and paragraph 8, of Schedule 8 to the Small Business, Enterprise and Employment Act 2015 (c. 26).