OpenLegislation

Rule 7.9 Use of reportsI1

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)

A report may be filed in court instead of an affidavit—

(a)

in any case, by the official receiver (whether or not he is acting in any capacity mentioned in sub-paragraph (b)), or a deputy official receiver, or

(b)

unless the application involves other parties or the court otherwise orders, by—

(i)

an administrator, a liquidator or a trustee in bankruptcy,

(ii)

a provisional liquidator or an interim receiver,

(iii)

a special manager, or

(iv)

an insolvency practitioner appointed under section 273(2).

(2)

In any case where a report is filed instead of an affidavit, the report shall be treated for the purposes of Rule 7.8(1) and any hearing before the court as if it were an affidavit.

(3)

Any report filed by the official receiver in accordance with the Act or the Rules is prima facie evidence of any matter contained in it.

Annotations

Commencement

I1

Rule 7.9 in force at 29.12.1986, see rule 0.1