Explanatory note
(This note is not part of the Rules)
These Rules set out a special code of procedure for application by the Secretary of State or the official receiver for the disqualification of directors by the court under sections 7 and 8 of the Company Directors Disqualification Act 1986 in England and Wales.
They provide for the revocation of the Insolvent Companies (Disqualification of Unfit Directors) Proceedings Rules 1986 and the re-enactment of those Rules with amendments. These Rules provide that the application is to be by way of the originating summons procedure where it is made in the High Court and by way or originating application where made in the County Court. In both cases these procedures are made subject to the particular provisions set out in these Rules for the purpose of section 7 and 8 applications, which will be common to the procedure in both types of court.
The amendments made to the content of the Rules revoked and re-enacted by these Rules provide for:—
further matters to be endorsed upon the summons;
the report of the official receiver to be prima facie evidence of the matters contained in it;
the time limits on the filing of evidence in court to be mandatory;
further provision in regard to the disposal of applications by the registrar;
the clarification of the power of the court to make orders where the respondent does not appear, and
right of audience of official receivers and deputy official receivers in the High Court and County Court.