Rule 195 Application for the exercise of court’s powers under section 181I1
England and Wales
This rule applies with respect to an application by any person under section 181 of the 1986 Act for an order of the court to vest or deliver disclaimed property.
The application must be made within 3 months of the applicant becoming aware of the disclaimer, or of the applicant receiving a copy of the administrator’s notice of disclaimer sent under rule 189, whichever is the earlier.
The applicant shall with the application file a witness statement—
stating whether the application is made under—
paragraph (a) of section 181(2) (claim of interest in the property), or
under paragraph (b) (liability not discharged);
specifying the date on which the applicant received a copy of the administrator’s notice of disclaimer, or otherwise became aware of the disclaimer; and
specifying the grounds of the application and the order which the applicant desires the court to make under section 181.
The court shall fix a venue for the hearing of the application; and the applicant shall, not later than 5 business days before the date fixed, give to the administrator notice of the venue, accompanied by copies of the application and the witness statement required by paragraph (3).
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.
Sealed copies of any order made on the application shall be sent by the court to the applicant and the administrator.
In a case where the property disclaimed is of a leasehold nature, and section 179 of the 1986 Act applies to suspend the effect of the disclaimer, there shall be included in the court’s order a direction giving effect to the disclaimer.
Paragraph (7) does not apply if, at the time when the order is issued, other applications under section 181 are pending in respect of the same property.