Rule 12.29 Evidence provided by the official receiver, an insolvency practitioner or a special managerC1C2C3
England and Wales
Where in insolvency proceedings a witness statement is made by an office-holder, the office-holder must state—
the capacity in which the office-holder is acting; and
the office-holder's address.
The following may file a report with the court instead of a witness statement in all insolvency proceedings—
the official receiver; and
the adjudicator.
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—
an administrator;
a provisional liquidator;
a liquidator;
an interim receiver;
a trustee; F1...
a special manager F2; and
a monitor.
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))