Rule 10.27 Substitution of petitioner

(1)

This rule applies where the petitioner—

(a)

is subsequently found not to have been entitled to present the petition;

(b)

consents to withdraw the petition or to allow it to be dismissed;

(c)

consents to an adjournment;

(d)

fails to appear in support of the petition when it is called on in court on the day originally fixed for the hearing, or on a day to which it is adjourned; or

(e)

appears, but does not apply for an order in the terms of the petition.

(2)

The court may, on such terms as it thinks just, substitute as petitioner a person who—

(a)

has delivered a notice under rule 10.19 of intention to appear at the hearing;

(b)

is willing to prosecute the petition; and

(c)

was, in the case of a creditor, at the date on which the petition was presented, in such a position in relation to the debtor as would have enabled the creditor on that date to present a bankruptcy petition in relation to a debt or debts owed to that creditor by the debtor, paragraphs (a) to (d) of section 267(2) being satisfied in relation to that debt or those debts.