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Article 48 Expunging of proof by the courtI1

England and Wales

(1)

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

(a)

on the energy administrator’s application, where he thinks that the proof has been improperly admitted, or ought to be reduced; or

(b)

on the application of a creditor, if the energy administrator declines to interfere in the matter.

(2)

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

(a)

in the case of an application by the energy administrator, to the creditor who made the proof; and

(b)

in the case of an application by a creditor, to the energy administrator and to the creditor who made the proof (if not himself).

Annotations

Commencement

I1

Rule 48 in force at 1.10.2005, see rule 1