OpenLegislation

Rule 7.12 Proceedings commenced in wrong 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)

Where winding-up or bankruptcy proceedings are commenced in a court which is, in relation to those proceedings, the wrong court, that court may—

(a)

order the transfer of the proceedings to the court in which they ought to have been commenced;

(b)

order that the proceedings be continued in the court in which they have been commenced; or

(c)

order the proceedings to be struck out.

Annotations

Commencement

I1

Rule 7.12 in force at 29.12.1986, see rule 0.1