Application for directions by an administrator
| Author | Mark Watson-Gandy |
| Pages | 173-182 |
OBJECTIVE
An administrator may apply for directions from the court as to fulfilling his duties,
APPLICATION
The application is made by application notice on Form IAA returnable to the district judge or registrar. A copy of the application should be filed at court with one additional copy for each party to be served.
The application should be made on notice to the parties interested in the decision.
COURT FEES
Where the application is made for determination by the court, a court fee of £155 is payable.
EVIDENCE
The administrator should file a witness statement in support. This should address:
ƒ that he makes this application as administrator; ƒ that he seeks the court’s directions;
ƒ the question he wants the court to answer;
174 Corporate Insolvency Practice
ƒ why the question needs to be answered;
ƒ fully and frankly all material facts and circumstances upon which the issue arises;
ƒ the opposing contentions on the question.
The witness statement should exhibit:
ƒ evidence of the administrator’s appointment;
ƒ any documents relevant to the issue;
ƒ any documents relevant to the facts upon which the issue arises.
SERVICE
The usual rule is that, subject to any other express provision, the application must be served at least 14 days before the date fixed for the hearing.
Service may be effected personally
THE FIRST HEARING
The first hearing is before the registrar or district judge. Advocates are not expected to robe. The registrar may adjourn the case to the judge or give directions himself.
KEY STATUTORY PROVISIONS
Paragraph 63 of Schedule B1 to the Insolvency Act 1986
63 The administrator of a company may apply to the court for directions in connection with his functions.
Rules 1.6 and 1.35 of the Insolvency (England and Wales) Rules 2016
Information required to identify persons and proceedings etc.
1.6.—(1) Where the Act or these Rules require a document to identify, or to contain identification details in respect of, a person or proceedings, or to provide contact details for an...
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