OpenLegislation

Article 127 Exclusion of proof by the courtI1

England and Wales

(1)

The court may exclude a proof or reduce the amount claimed—

(a)

on the administrator’s application, where the administrator thinks that the proof has been improperly admitted, or ought to be reduced, or

(b)

on the application of a creditor, if the administrator declines to interfere in the matter.

(2)

Where application is made to the court under this rule, the court must fix a venue for the application to be heard, notice of which must be sent by the applicant—

(a)

in the case of an application by the administrator, to the creditor who made the proof, and

(b)

in the case of an application by a creditor, to the administrator and to the creditor who made the proof (if the applicant is not the same creditor).

Annotations

Commencement

I1

Rule 127 in force at 12.11.2021, see rule 2