Rule 4.084 Cost of proving

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

rule 4.084 applied by Bank Insolvency 2009 rule 72
rule 4.084 applied (with modifications) by Bank Insolvency 2009 rule 61
rule 4.084 applied by Bank Insolvency 2009 rule 72
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
rule 4.084(2) text amended by Insolvency 2008 rule 6(9)
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 4.084 applied and text amended by Bank Insolvency 2009 rule 61
rule 7. 13B(2) word omitted by Insolvency 2023 rule 37(1)

(1)

Subject to paragraph (3), every creditor bears the cost of proving his own debt, including such as may be incurred in providing documents or evidence under Rule 4.081 (3) or 4.082-CVL.

(2)

Subject to paragraph (3), costs incurred by the liquidator in estimating the quantum of a debt under Rule 4.092 (debts not bearing a certain value) are payable out of the assets, as an expense of the liquidation.

(3)

Paragraphs (1) and (2) apply unless the court otherwise orders.

[E.R.4.78]