Paragraph 59 I1

After paragraph 24 insert—

“Article 164: High Court’s powers to ascertain wishes of creditors

24A.

Article 164 is modified so as to read as follows—

“164.

(1)

The High Court may—

(a)

as to all matters relating to the winding up of an insolvent partnership, have regard to the wishes of the creditors (as proved to it by any sufficient evidence), and

(b)

if it thinks fit, for the purposes of ascertaining those wishes, direct qualifying decision procedures to be instigated or the deemed consent procedure to be used in accordance with any directions given by the Court, and appoint a person to report the result to the Court.

(2)

In having regard to the wishes of the creditors, the Court must have regard to the value of each creditor’s debt.”.”.