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Rule 14.11 Exclusion of proof by the courtC1

(1)

The court may exclude a proof or reduce the amount claimed—

(a)

on the office-holder's application, where the office-holder thinks that the proof has been improperly admitted, or ought to be reduced; or

(b)

on the application of a creditor, a member, a contributory or a bankrupt, if the office-holder declines to interfere in the matter.

(2)

Where application is made under paragraph (1), the court must fix a venue for the application to be heard.

(3)

The applicant must deliver notice of the venue—

(a)

in the case of an application by the office-holder, to the creditor who submitted the proof; and

(b)

in the case of an application by a creditor, a member, a contributory or a bankrupt, to the office-holder and to the creditor who made the proof (if not the applicant).

Annotations

Modifications

C1

Rules 14.1-14.24 applied (with modifications) (19.3.2024) by The Water Industry (Special Administration) (England and Wales) Rules 2024 (S.I. 2024/229), rules 1, 5, 86-103, Sch. (with rule 2(2))

Notes on Part 14

Textual amendments

F1

Words in Pt. 14 heading inserted (1.10.2021) by The Insolvency (England and Wales) (No.2) (Amendment) Rules 2021 (S.I. 2021/1028), rules 1, 52 (with rules 4, 5)

Notes on Chapter 2

Textual amendments

F1

Words in Pt. 14 Ch. 2 heading inserted (1.10.2021) by The Insolvency (England and Wales) (No.2) (Amendment) Rules 2021 (S.I. 2021/1028), rules 1, 54 (with rules 4, 5)