The Civil Procedure Rules 1998

Procedure on day of hearing E+W

Rule 7  On the day of the hearing—

(a) any creditor, whether or not F1 ... mentioned in the list furnished by the debtor, may attend and prove [F2 their] debt or, subject to rule 6, object to any debt included in that list;

(b) every debt included in that list shall be taken to be proved unless it is objected to by a creditor or disallowed by the court or required by the court to be supported by evidence;

(c) any creditor whose debt is required by the court to be supported by evidence shall prove [F3 that] debt;

(d) the court may adjourn proof of any debt and, if it does so, may either adjourn consideration of the question whether an administration order should be made or proceed to determine the question, in which case, if an administration order is made, the debt, when proved, shall be added to the debts scheduled to the order;

(e) any creditor whose debt is admitted or proved, and, with the permission of the court, any creditor the proof of whose debt has been adjourned, shall be entitled to be heard and to adduce evidence on the question whether an administration order should be made and, if so, in what terms.

Textual Amendments

F1 Words in Sch. 2 CCR Order 39 rule 7(a) omitted (22.4.2014) by virtue of The Civil Procedure (Amendment No. 4) Rules 2014 (S.I. 2014/867), rules 1, 22(f)(i)(aa) (with rule 25)

F2 Word in Sch. 2 CCR Order 39 rule 7(a) substituted (22.4.2014) by virtue of The Civil Procedure (Amendment No. 4) Rules 2014 (S.I. 2014/867), rules 1, 22(f)(i)(bb) (with rule 25)

F3 Word in Sch. 2 CCR Order 39 rule 7(c) substituted (22.4.2014) by The Civil Procedure (Amendment No. 4) Rules 2014 (S.I. 2014/867), rules 1, 22(f)(ii) (with rule 25)