Rule 4.19 Substitution of creditor or contributory for petitionerI1
England and Wales
This Rule applies where a person petitions and is subsequently found not entitled to do so, or where the petitioner—
fails to advertise his petition within the time prescribed by the Rules or such extended time as the court may allow, or
consents to withdraw his petition, or to allow it to be dismissed, consents to an adjournment, or fails to appear in support of his 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
appears, but does not apply for an order in the terms of the prayer of his petition.
The court may, on such terms as it thinks just, substitute as petitioner any creditor or contributory who in its opinion would have a right to present a petition, and who is desirous of prosecuting it.
Where a member State liquidator has been appointed in main proceedings in relation to the company, without prejudice to paragraph (2), the court may, on such terms as it thinks just, substitute the member State liquidator as petitioner, where he is desirous of prosecuting the petition.
An order of the court under this Rule may, where a petitioner fails to advertise his petition within the time prescribed by these Rules, or consents to withdraw his petition, be made at any time.
Annotations
Textual amendments
- F1
Rule 4.19(2A) inserted (31.5.2002) by The Insolvency (Amendment) Rules 2002 (S.I. 2002/1307), rules 1, 6(3) (with rule 3)