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Rule 6.183 Application by interested party under s. 316I1

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 following applies where, in the case of any property, application is made to the trustee by an interested party under section 316 (request for decision whether the property is to be disclaimed or not).

(2)

The application—

(a)

shall be delivered to the trustee personally or by registered post, and

(b)

[FORM 6.62]shall be made in the form known as “notice to elect”, or a substantially similar form.

(3)

This paragraph applies in a case where the property concerned cannot be disclaimed by the trustee without the leave of the court.

If within the period of 28 days mentioned in section 316(1) the trustee applies to the court for leave to disclaim, the court shall extend the time allowed by that section for giving notice of disclaimer to a date not earlier than the date fixed for the hearing of the application.

Annotations

Commencement

I1

Rule 6.183 in force at 29.12.1986, see rule 0.1