Rule 6.51 Application for appointment of interim receiverI1
England and Wales
An application to the court for the appointment of an interim receiver under section 286 may be made by—
a creditor;
the debtor;
an insolvency practitioner appointed under section 273(2);
a temporary administrator, or
a member State liquidator appointed in main proceedings.
The application must be supported by an affidavit stating—
the grounds on which it is proposed that the interim receiver should be appointed,
whether or not the official receiver has been informed of the application and, if so, has been furnished with a copy of it,
whether to the applicant's knowledge there has been proposed or is in force a voluntary arrangement under Part VIII of the Act, and
the applicant's estimate of the value of the property or business in respect of which the interim receiver is to be appointed.
If an insolvency practitioner has been appointed under section 273, and it is proposed that he (and not the official receiver) should be appointed interim receiver, and it is not the insolvency practitioner himself who is the applicant under this Rule, the affidavit under paragraph (2) must state that he has consented to act.
The applicant shall send copies of the application and the affidavit to the person proposed to be appointed interim receiver. If that person is the official receiver and an insolvency practitioner has been appointed under section 273 (and he is not himself the applicant), copies of the application and affidavit shall be sent by the applicant to the insolvency practitioner.
If, in any case where a copy of the application is to be sent to a person under this paragraph, it is for any reason not practicable to send a copy, that person must be informed of the application in sufficient time to enable him to be present at the hearing.
The official receiver and (if appointed) the insolvency practitioner may attend the hearing of the application and make representations.
The court may on the application, if satisfied that sufficient grounds are shown for the appointment, make it on such terms as it thinks fit.
Annotations
Textual amendments
- F1
Rule 6.51(1) substituted (31.5.2002) by The Insolvency (Amendment) Rules 2002 (S.I. 2002/1307), rules 1, 8(4) (with rule 3)