The Companies (Unfair Prejudice Applications) Proceedings Rules 2009
| Jurisdiction | UK Non-devolved |
| Citation | SI 2009/2469 |
| Year | 2009 |
2009 No. 2469
Insolvency
Companies
The Companies (Unfair Prejudice Applications) Proceedings Rules 2009
Made 8th September 2009
Laid before Parliament 9th September 2009
Coming into force 1st October 2009
The Lord Chancellor has consulted the Committee existing for the purposes of section 413 of the Insolvency Act 19861.
The Lord Chancellor, in the exercise of his powers under section 411 of the Insolvency Act 19862, with the concurrence of the Secretary of State, and of the Chancellor of the High Court (by the authority of the Lord Chief Justice under section 411(7) of the Insolvency Act 1986) in relation to those rules that affect court procedure, makes the following Rules.
Citation, commencement, interpretation and revocation
1.—(1) These Rules may be cited as the Companies (Unfair Prejudice Applications) Proceedings Rules 2009 and come into force on 1st October 2009.
(2) In these Rules “the Act” means the Companies Act 2006.
(3) The Companies (Unfair Prejudice Applications) Proceedings Rules 19863(“the 1986 Rules”) are hereby revoked.
Preliminary
2.—(1) These Rules apply in relation to petitions presented to the court under Part 30 of the Act (protection of company’s members against unfair prejudice) by a member of a company under section 994(1), by a person treated as a member under section 994(2) or by the Secretary of State under section 995.
(2) Except so far as inconsistent with the Act and these Rules, the Civil Procedure Rules 19984apply to proceedings under Part 30 of the Act with any necessary modifications.
Presentation of petition
3.—(1) The petition shall be in the form set out in the Schedule to these Rules, with such variations, if any, as the circumstances may require.
(2) The petition shall specify the grounds on which it is presented and the nature of the relief which is sought by the petitioner, and shall be delivered to the court for filing with sufficient copies for service under Rule 4.
(3) The court shall fix a hearing for a day (“the return day”) on which, unless the court otherwise directs, the petitioner and any respondent (including the company) shall attend before the registrar or District Judge for directions to be given in relation to the procedure on the petition.
(4) On fixing the return day, the court shall return to the petitioner sealed copies of the petition for service, each endorsed with the return day and the time of hearing.
Service of petition
4.—(1) The petitioner shall, at least 14 days before the return day, serve a sealed copy of the petition on the company.
(2) In the case of a petition based upon section 994 of the Act, the petitioner shall also, at least 14 days before the return day, serve a sealed copy of the petition on every respondent named in the petition.
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