Rules and principles of relative dating

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6.5 An application which is to be treated as a claim form under rule 12A.16(3) may be served out of the jurisdiction without the permission of the court if: (1) the application is by an office-holder appointed in insolvency proceedings in respect of an individual or company with its centre of main interests within the jurisdiction exercising a statutory power under the Act, and the person to be served is to be served within the EU; or (2) it is a copy of an application, being served on a Member State liquidator (as defined by Article 2 of the EC Regulation on Insolvency Proceedings).

6.6 An application for permission to serve out of the jurisdiction must be supported by a witness statement setting out: (1) the nature of the claim or application and the relief sought; (2) that the applicant believes that the claim has a reasonable prospect of success; and (3) the address of the person to be served or, if not known, in what place or country that person is, or is likely, to be found.

Similar information (so far as is appropriate) should be given where the petition is presented against a partnership.

Save where the petition has been presented by a Minister of the Crown or a government department, evidence of service on the Treasury Solicitor or the Solicitor for the affairs of the Duchy of Lancaster or the Solicitor to the Duchy of Cornwall (as appropriate) should be filed exhibiting the bona vacantia waiver letter.

The court will consider whether any part of the costs should be disallowed where an application is made less than one month before the end of the administration.

Back to top 11.1 Before presenting a winding-up petition the creditor must conduct a search to ensure that no petition is already pending.

4.2 Every court document in insolvency proceedings under Parts I to VII of the Act shall be headed: IN THE HIGH COURT OF JUSTICE CHANCERY DIVISION [ DISTRICT REGISTRY] or in the Royal Courts of Justice [COMPANIES COURT] or IN THE COUNTY COURT AT [ ] followed by IN THE MATTER OF [name of company] AND IN THE MATTER OF THE INSOLVENCY ACT 1986 4.3 Every court document in insolvency proceedings under Parts IX to XI of the Act shall be headed: IN THE [HIGH COURT OF JUSTICE] or [COUNTY COURT AT [ IN BANKRUPTCY IN THE MATTER OF [name of bankrupt] or RE: [name of bankrupt].

Every application should also be headed: AND IN THE MATTER OF THE INSOLVENCY ACT 1986 4.4 Every court document in proceedings to which the Act applies by virtue of other legislation should also be headed: IN THE MATTER OF [THE FINANCIAL SERVICES AND MARKETS ACT 2000 or as the case may be] AND IN THE MATTER OF THE INSOLVENCY ACT 1986 Back to top 5.1 Subject to the provisions of rule 7.9 or any other provisions or directions as to the form in which evidence should be given, written evidence in insolvency proceedings must be given by witness statement.

3.3 The following applications relating to insolvent individuals should always be listed before a Judge: (1) applications for committal for contempt; (2) applications for an injunction pursuant to the Court’s inherent jurisdiction (e.g.

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Save where the petition has been presented by a Minister of the Crown or a government department, evidence of service on the Treasury Solicitor or the Solicitor for the affairs of the Duchy of Lancaster or the Solicitor to the Duchy of Cornwall (as appropriate) should be filed exhibiting the bona vacantia waiver letter.The court will consider whether any part of the costs should be disallowed where an application is made less than one month before the end of the administration.Back to top 11.1 Before presenting a winding-up petition the creditor must conduct a search to ensure that no petition is already pending.4.2 Every court document in insolvency proceedings under Parts I to VII of the Act shall be headed: IN THE HIGH COURT OF JUSTICE CHANCERY DIVISION [ DISTRICT REGISTRY] or in the Royal Courts of Justice [COMPANIES COURT] or IN THE COUNTY COURT AT [ ] followed by IN THE MATTER OF [name of company] AND IN THE MATTER OF THE INSOLVENCY ACT 1986 4.3 Every court document in insolvency proceedings under Parts IX to XI of the Act shall be headed: IN THE [HIGH COURT OF JUSTICE] or [COUNTY COURT AT [ ]] IN BANKRUPTCY IN THE MATTER OF [name of bankrupt] or RE: [name of bankrupt].Every application should also be headed: AND IN THE MATTER OF THE INSOLVENCY ACT 1986 4.4 Every court document in proceedings to which the Act applies by virtue of other legislation should also be headed: IN THE MATTER OF [THE FINANCIAL SERVICES AND MARKETS ACT 2000 or as the case may be] AND IN THE MATTER OF THE INSOLVENCY ACT 1986 Back to top 5.1 Subject to the provisions of rule 7.9 or any other provisions or directions as to the form in which evidence should be given, written evidence in insolvency proceedings must be given by witness statement.3.3 The following applications relating to insolvent individuals should always be listed before a Judge: (1) applications for committal for contempt; (2) applications for an injunction pursuant to the Court’s inherent jurisdiction (e.g.

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