# The Insolvency (England and Wales) Rules 2016, 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.

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Source: https://www.legislation.gov.uk/uksi/2016/1024/rule/10.27 (the official version)
Page: https://openlegislation.uk/insolvency-england-and-wales-rules-2016/rule-10.27
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.