OpenLegislation

Rule 7.11 General power of transferI1

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)

Where winding-up or bankruptcy proceedings are pending in the High Court, the court may order them to be transferred to a specified county court.

(2)

Where winding-up or bankruptcy proceedings are pending in a county court, the court may order them to be transferred either to the High Court or to another county court.

(3)

In any case where proceedings are transferred to a county court, the transfer must be to a court which has jurisdiction to wind up companies or, as the case may be, jurisdiction in bankruptcy.

(4)

Where winding-up or bankruptcy proceedings are pending in a county court, a judge of the High Court may order them to be transferred to that Court.

(5)

A transfer of proceedings under this Rule may be ordered—

(a)

by the court of its own motion, or

(b)

on the application of the official receiver, or

(c)

on the application of a person appearing to the court to have an interest in the proceedings.

(6)

A transfer of proceedings under this Rule may be ordered notwithstanding that the proceedings commenced before the coming into force of the Rules.

Annotations

Commencement

I1

Rule 7.11 in force at 29.12.1986, see rule 0.1