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Rule 6.40 Court in which petition to be filedI1

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)

In the following cases, the petition shall be presented to the High Court—

(a)

if the debtor has resided or carried on business in the London insolvency district for the greater part of the 6 months immediately preceding the presentation of the petition, or for a longer period in those 6 months than in any other insolvency district, or

(b)

if the debtor is not resident in England and Wales.

(2)

In any other case, the petition shall (subject to paragraph (3) below), be presented to the debtor's own county court, which is—

(a)

the county court for the insolvency district in which he has resided or carried on business for the longest period in those 6 months, or

(b)

if he has for the greater part of those 6 months carried on business in one insolvency district and resided in another, the county court for that in which he has carried on business, or

(c)

if he has during those 6 months carried on business in more than one insolvency district, the county court for that in which is, or has been for the longest period in those 6 months, his principal place of business.

F1(3)

If, in a case not falling within paragraph (1), it is more expedient for the debtor with a view to expediting his petition—

(a)

it may in any case be presented to whichever court is specified by Schedule 2 to the Rules as being, in relation to the debtor’s own court, the nearest full-time court, and

(b)

it may alternatively, in a case falling within paragraph (2)(b), be presented to the court for the insolvency district in which he has resided for the greater part of the 6 months there referred to.

(3A)

Notwithstanding any other provision of this Rule, where there is in force for the debtor a voluntary arrangement under Part VIII of the Act the petition shall be presented to the court to which the nominee’s report under section 256 F2or section 256A or 263C was submitted.

(4)

The petition shall contain sufficient information to establish that it is brought in the appropriate court.

Annotations

Textual amendments

F1

Rule 6.40(3)(3A) substituted for rule 6.40(3) (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. 99

F2

Words in rule 6.40(3A) inserted (1.4.2004) by The Insolvency (Amendment) Rules 2003 (S.I. 2003/1730), rule 1(3), Sch. 1 para. 33

Commencement

I1

Rule 6.40 in force at 29.12.1986, see rule 0.1