Rule 91 Appointment of a receiver

Northern Ireland

(1)

Notice of an application under section 198 for the appointment of a receiver shall be made to the chief clerk in writing.

(2)

The notice shall be supported by an affidavit—

(a)

giving full particulars of the matters relied upon in support of the application;

(b)

stating the name, address and position of the proposed receiver;

(c)

giving, to the best of the deponent's ability, full particulars of the realisable property in respect of which the order is sought and specifying the person holding such property;

(d)

if the proposed receiver is not a member of staff of [^f1...] the Department of Director of Public Prosecutions (Northern Ireland) or the Commissioners of Her Majesty's Customs and Excise and the applicant is asking the court to allow the receiver to act without giving security or before he has given security or satisfied the court that he has security in place, explain the reasons why that is necessary.

(3)

Subject to paragraph (4), the applicant shall, not less than seven days before the date fixed for the hearing of the application, serve copies of the notice and accompanying affidavit, together with notice in writing of the date and place appointed for the hearing of the application on—

(a)

the defendant;

(b)

any person who holds realisable property to which the application relates; and

(c)

any other person of whom the applicant is aware who may be affected by the application.

(4)

An application under paragraph (1) may be made ex parte if—

(a)

it is urgent; or

(b)

there are reasonable grounds to believe that the giving of notice would cause a reasonable apprehension of dissipation of the realisable property which is the subject of the application.

(5)

Where the Court makes an order for the appointment of a receiver, the applicant shall serve copies of the order and affidavit in support on—

(a)

the defendant;

(b)

the receiver;

(c)

any person who holds realisable property to which the application relates; and

(d)

any other person of whom the applicant is aware who may be affected by the order.

Rule 91 Appointment of a receiver

Annotations

Footnotes

Notes on Part [PART XI

Footnotes