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Rule 4.85 Expunging of proof by the courtI1

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)

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

(a)

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

(b)

on the application of a creditor, if the liquidator declines to interfere in the matter.

(2)

Where application is made to the court under this Rule, the court shall fix a venue for the application to be heard, notice of which shall be sent by the applicant—

(a)

in the case of an application by the liquidator, to the creditor who made the proof, and

(b)

in the case of an application by a creditor, to the liquidator and to the creditor who made the proof (if not himself).

Annotations

Commencement

I1

Rule 4.85 in force at 29.12.1986, see rule 0.1