OpenLegislation

Rule 4.22 Presentation and service of petitionI1

England and Wales

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

  • rule 4.54(5-CVL) substituted for rule 4.54(5) by Insolvency 2010 Sch. 1 para. 179(5)
(1)

[FORM 4.14]The petition shall specify the grounds on which it is presented F1... and shall be filed in court with one copy for service under this Rule.

F2(1A)

No petition shall be filed unless there is produced with it the receipt for the deposit payable on presentation.

(2)

The court shall fix a hearing for a day (“the return day”) on which, unless the court otherwise directs, the petitioner and the company shall attend before the registrar in chambers for directions to be given in relation to the procedure on the petition.

(3)

On fixing the return day, the court shall return to the petitioner a sealed copy of the petition for service, endorsed with the return day and time of hearing.

(4)

The petitioner shall, at least 14 days before the return day, serve a sealed copy of the petition on the company.

F3(5)

Where a member State liquidator has been appointed in main proceedings in relation to the company, the petitioner shall send a copy of the petition to him.#

Annotations

Textual amendments

F1

Words in rule 4.22(1) omitted (11.1.1988 with application in accordance with rule 3(1)(2)) by virtue of The Insolvency (Amendment) Rules 1987 (S.I. 1987/1919), rule 1, Sch. para. 40(1)

F2

Rule 4.22(1A) inserted (11.1.1988 with application in accordance with rule 3(1)(2)) by The Insolvency (Amendment) Rules 1987 (S.I. 1987/1919), rule 1, Sch. para. 40(2)

F3

Rule 4.22(5) inserted (31.5.2002) by The Insolvency (Amendment) Rules 2002 (S.I. 2002/1307), rules 1, 6(4) (with rule 3)

Commencement

I1

Rule 4.22 in force at 29.12.1986, see rule 0.1