Rule 4.204 Application for exercise of court's powers under Article 155

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

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 4.204 applied by Bank Insolvency 2009 rule 152
rule 4.204 applied by Bank Insolvency 2009 rule 152
rule 7. 13B(2) word omitted by Insolvency 2023 rule 37(1)

(1)

This Rule applies with respect to an application by any person under Article 155 for an order of the court to vest or deliver disclaimed property.

(2)

The application must be made within 3 months of the applicant becoming aware of the disclaimer, or of his receiving a copy of the liquidator's notice of disclaimer sent under Rule 4.198, whichever is the earlier.

(3)

The applicant shall with his application file in court an affidavit—

(a)

stating whether he applies under sub-paragraph (a) of Article 155(1) (claim of interest in the property) or under sub-paragraph (b) (liability not discharged);

(b)

specifying the date on which he received a copy of the liquidator's notice of disclaimer, or otherwise became aware of the disclaimer; and

(c)

specifying the grounds of his application and the order which he desires the court to make under Article 155.

(4)

The court shall fix a venue for the hearing of the application; and the applicant shall, not later than 7 days before the date fixed, give to the liquidator notice of the venue, accompanied by copies of the application and the affidavit under paragraph (3).

(5)

On the hearing of the application, the court may give directions as to other persons (if any) who should be sent or given notice of the application and the grounds on which it is made.

(6)

Sealed copies of any order made on the application shall be sent by the court to the applicant and the liquidator.

(7)

Subject to paragraph (8), in a case where the property disclaimed is of a leasehold nature, and Article 153 applies to suspend the effect of the disclaimer, there shall be included in the court's order a direction giving effect to the disclaimer.

(8)

Paragraph (7) does not apply if, at the time when the order is issued, other applications under Article 155 are pending in respect of the same property.

[E.R.4.194]