Rule 7.03 Judge and Master

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 7.03(1)(f) omitted by Insolvency 2006 Sch. 1 para. 95(1)
rule 7.03(6) substituted by Insolvency 2006 Sch. 1 para. 95(2)
rule 7.03(7) inserted by Insolvency 2006 Sch. 1 para. 95(3)
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 7.03 applied by Bank Insolvency 2009 rule 195
rule 7.03 applied by Bank Insolvency 2009 rule 195
rule 7. 13B(2) word omitted by Insolvency 2023 rule 37(1)

(1)

The following applications shall be made direct to the Judge—

(a)

applications for the commital of any person to prison for contempt;

(b)

applications for injunctions or for the modification or discharge of injunctions;

(c)

applications for interlocutory relief or directions after a matter has been referred to the Judge;

(d)

appeals from an order or decision of the Master;

(e)

applications pursuant to Article 107 (sanctioning dispositions made after commencement of winding up of company);

(f)

petitions for administration orders;

(g)

applications after an administration order has been made, pursuant to Article 27(3) (for directions) or Article 30(3) (to discharge or vary the order, etc.); and

(h)

applications pursuant to Article 18(3) (to stay a winding up or discharge an administration order or for directions where a company voluntary arrangement has been approved).

(2)

Subject to paragraph (1), unless the Judge has given a general or special direction to the contrary, the jurisdiction of the court to hear and determine an application may be exercised by the Master, and the application shall be made to the Master in the first instance.

(3)

Where the application is made to the Master he may, after giving any necessary directions, refer to the Judge any matter which he thinks should properly be decided by the Judge, and the Judge may either dispose of the matter or refer it back to the Master with such directions as he thinks fit.

(4)

Nothing in this Rule precludes an application being made directly to the Judge in a proper case.

(5)

Subject to this Rule, anything to be done under or by virtue of the Order or the Rules by, to or before the court may be done by, to or before the Judge or the Master.

(6)

Order 32, rules 11 and 12 of the Supreme Court Rules do not apply in insolvency proceedings.