Rule 12.28 applied (with modifications) (temp.) (26.6.2020) by Corporate Insolvency and Governance Act 2020 (c. 12), s. 49(1), Sch. 4 para. 47 (with ss. 2(2), 5(2), Sch. 4 para. 12)

Rules 12.27-12.29 applied (with modifications) (30.9.2021) by S.I. 2014/229, art. 2(2A), Sch. 1A paras. 1(4)(5), 35, 38 (as inserted by The Co-operative and Community Benefit Societies (Administration) (Amendment) Order 2021 (S.I. 2021/1048), arts. 1(1), 2)

http://www.legislation.gov.uk/uksi/2016/1024/rule/12.28/2021-09-30The Insolvency (England and Wales) Rules 2016texttext/xmlenStatute Law DatabaseINSOLVENCY, ENGLAND AND WALES;COMPANIES, INDIVIDUALS2024-07-02Expert Participation2021-09-30These Rules set out the detailed procedures for the conduct of all company and personal insolvency proceedings in England and Wales under the Insolvency Act 1986 and otherwise give effect to that Act. These Rules supersede the Insolvency Rules 1986 (SI 1986/1925 as amended). Those Rules are revoked along with 29 amending Rules. These Rules give effect to amendments made to the Insolvency Act by the Enterprise and Regulatory Reform Act 2011 (c.24), the Deregulation Act 2015 (c.20) and the Small Business, Enterprise and Employment Act 2015 (c.26).PART 12COURT PROCEDURE AND PRACTICECHAPTER 5Obtaining information and evidenceWitness statements and reports12.28.(1)

Where the Act or these Rules require evidence as to a matter, such evidence may be given by witness statement unless—

(a)

in a specific case a rule or the Act makes different provision; or

(b)

the court otherwise directs.

(2)

Unless either the provision of the Act or rule under which the application is made provides otherwise, or the court directs otherwise—

(a)

if the applicant intends to rely at the first hearing on evidence in a witness statement or report, the applicant must file the witness statement or report with the court and serve a copy of it on the respondent not less than 14 days before the date fixed for the hearing; and

(b)

where the respondent intends to oppose the application and rely for that purpose on evidence contained in a witness statement or report, the respondent must file the witness statement or report with the court and serve a copy on the applicant not less than five business days before the date fixed for the hearing.

(3)

The court may order a person who has made a witness statement or report to attend for cross-examination.

(4)

Where a person who has been ordered to attend fails to do so the witness statement or report must not be used in evidence without the court's permission.