Rule 4.015 Dismissal or withdrawal of petition

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

rule 4.015 applied (with modifications) by Bank Insolvency 2009 rule 14
rules 11.01-11.13 applied with modifications by rule 58 by Bank Administration 2009 rule 61
rule 6(10)-CP(3) substituted by Insolvency 2000 rule 5
rule 4.056-CVL(2) words inserted by Insolvency 2006 Sch. 1 para. 22
rule 4.228A-4.228E inserted by Insolvency 2008 rule 5
rules 2.028-2.110 applied with modifications by rule 58 by Bank Administration 2009 rule 61
rules 2.114-2.115 applied with modifications by rule 58 by Bank Administration 2009 rule 61
rules 2.119-2.130 applied with modifications by rule 58 by Bank Administration 2009 rule 61
rules 4.027-4.029 applied with modifications by rule 58 by Bank Administration 2009 rule 61
rules 4.031-4.034 applied with modifications by rule 58 by Bank Administration 2009 rule 61
rules 4.197-4.204 applied with modifications by rule 58 by Bank Administration 2009 rule 61
rules 7.05-7.07 applied with modifications by rule 58 by Bank Administration 2009 rule 61
rules 7.09-7.14 applied with modifications by rule 58 by Bank Administration 2009 rule 61
rules 7.19-7.22 applied with modifications by rule 58 by Bank Administration 2009 rule 61
rules 7.24-7.30 applied with modifications by rule 58 by Bank Administration 2009 rule 61
rules 7.34-7.42 applied with modifications by rule 58 by Bank Administration 2009 rule 61
rules 7.50-7.54 applied with modifications by rule 58 by Bank Administration 2009 rule 61
rules 12.01-12.22 applied with modifications by rule 58 by Bank Administration 2009 rule 61
rule 4.015 applied and text amended by Bank Insolvency 2009 rule 14
rule 7. 13B(2) word omitted by Insolvency 2023 rule 37(1)

(1)

If at least 5 days before the hearing the petitioner, on an ex parte application, satisfies the court that—

(a)

the petition has not been advertised, and

(b)

no notices (whether in support or in opposition) have been received by him with reference to the petition, and

(c)

the company consents to an order being made under this Rule,

the court may order that the petitioner has leave to withdraw the petition on such terms as to costs as the parties may agree.FORM 4.08

(2)

If the petition is dismissed or withdrawn, the court shall send notice thereof to the Enforcement of Judgments Office.

(3)

Where an administration order is made whilst a winding-up petition is pending, the court shall send notice of the dismissal of the petition pursuant to Article 24(1) to the Enforcement of Judgments Office.

[E.R.4.15]