OpenLegislation

Rule 12.29 Evidence provided by the official receiver, an insolvency practitioner or a special managerC1C2C3

England and Wales

(1)

Where in insolvency proceedings a witness statement is made by an office-holder, the office-holder must state—

(a)

the capacity in which the office-holder is acting; and

(b)

the office-holder's address.

(2)

The following may file a report with the court instead of a witness statement in all insolvency proceedings—

(a)

the official receiver; and

(b)

the adjudicator.

(3)

The following may file a report with the court instead of a witness statement unless the application involves other parties or the court otherwise directs—

(a)

an administrator;

(b)

a provisional liquidator;

(c)

a liquidator;

(d)

an interim receiver;

(e)

a trustee; F1...

(f)

a special manager F2; and

F3(g)

a monitor.

(4)

Where a report is filed instead of a witness statement, the report must be treated for the purpose of rule 12.28 and any hearing before the court as if it were a witness statement.

Annotations

Textual amendments

F1

Word in rule 12.29(3)(e) omitted (1.10.2021) by virtue of The Insolvency (England and Wales) (No.2) (Amendment) Rules 2021 (S.I. 2021/1028), rules 1, 47(a) (with rules 4, 5)

F2

Words in rule 12.29(3)(f) inserted (1.10.2021) by The Insolvency (England and Wales) (No.2) (Amendment) Rules 2021 (S.I. 2021/1028), rules 1, 47(b) (with rules 4, 5)

F3

Rule 12.29(3)(g) inserted (1.10.2021) by The Insolvency (England and Wales) (No.2) (Amendment) Rules 2021 (S.I. 2021/1028), rules 1, 47(c) (with rules 4, 5)

Modifications

C1

Rule 12.29 applied (with modifications) (temp.) (26.6.2020) by Corporate Insolvency and Governance Act 2020 (c. 12), s. 49(1), Sch. 4 para. 47 (with ss. 2(2), 5(2), Sch. 4 para. 12)

C2

Rules 12.27-12.29 applied (with modifications) (30.9.2021) by S.I. 2014/229, art. 2(2A), Sch. 1A paras. 1(4)(5), 35, 38 (as inserted by The Co-operative and Community Benefit Societies (Administration) (Amendment) Order 2021 (S.I. 2021/1048), arts. 1(1), 2)

C3

Rules 12.6-12.31 applied (with modifications) (19.3.2024) by The Water Industry (Special Administration) (England and Wales) Rules 2024 (S.I. 2024/229), rules 1, 5, 62-73, Sch. (with rule 2(2))